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House Journal: Page 479: Wednesday, March 4, 1998

16   work or a significant deterioration in work
17   performance.
18     (3)  A report of alcohol or other drug use provided
19   by a reliable and credible source.
20     (4)  Evidence that an individual has tampered with
21   any drug or alcohol test during the individual's
22   employment with the current employer.
23     (5)  Evidence that an employee has caused an
24   accident while at work which resulted in an injury to
25   a person for which injury, if suffered by an employee,
26   a record or report could be required under chapter 88,
27   or resulted in damage to property, including to
28   equipment, in an amount reasonably estimated at the
29   time of the accident to exceed one thousand dollars.
30     (6)  Evidence that an employee has manufactured,
31   sold, distributed, solicited, possessed, used, or
32   transferred drugs while working or while on the
33   employer's premises or while operating the employer's
34   vehicle, machinery, or equipment.
35     i.  "Safety-sensitive position" means a job wherein
36   an accident could cause loss of human life, serious
37   bodily injury, or significant property or
38   environmental damage, including a job with duties that
39   include immediate supervision of a person in a job
40   that meets the requirement of this paragraph.
41     j.  "Sample" means such sample from the human body
42   capable of revealing the presence of alcohol or other
43   drugs, or their metabolites.  However, sample does not
44   mean blood except as authorized pursuant to subsection
45   7, paragraph "l".
46     k.  "Unannounced drug or alcohol testing" means
47   testing for the purposes of detecting drugs or alcohol
48   which is conducted on a periodic basis, without
49   advance notice of the test to employees, other than
50   employees whose duties include responsibility for

Page 3

 1   administration of the employer's drug or alcohol
 2   testing program, subject to testing prior to the day
 3   of testing, and without individualized suspicion.  The
 4   selection of employees to be tested from the pool of
 5   employees subject to testing shall be done based on a
 6   neutral and objective selection process by an entity
 7   independent from the employer and shall be made by a
 8   computer-based random number generator that is matched
 9   with employees' social security numbers, payroll
10   identification numbers, or other comparable
11   identifying numbers in which each member of the
12   employee population subject to testing has an equal
13   chance of selection for initial testing, regardless of
14   whether the employee has been selected or tested
15   previously.  The random selection process shall be

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URL: /DOCS/GA/77GA/Session.2/HJournal/00400/00479.html
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