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House Journal: Page 480: Wednesday, March 4, 1998

16   conducted through a computer program that records each
17   selection attempt by date, time, and employee number.
18     2.  APPLICABILITY.  This section does not apply to
19   drug or alcohol tests conducted on employees required
20   to be tested pursuant to federal statutes, federal
21   regulations, or orders issued pursuant to federal law.
22   In addition, an employer, through its written policy,
23   may exclude from the pools of employees subject to
24   unannounced drug or alcohol testing pursuant to
25   subsection 8, paragraph "a", employee populations
26   required to be tested as described in this subsection.
27     3.  TESTING OPTIONAL.  This section does not
28   require or create a legal duty on an employer to
29   conduct drug or alcohol testing and the requirements
30   of this section shall not be construed to encourage,
31   discourage, restrict, limit, prohibit, or require such
32   testing.  In addition, an employer may implement and
33   require drug or alcohol testing at some but not all of
34   the work sites of the employer and the requirements of
35   this section shall only apply to the employer and
36   employees who are at the work sites where drug or
37   alcohol testing pursuant to this section has been
38   implemented.  A cause of action shall not arise in
39   favor of any person against an employer or agent of an
40   employer based on the failure of the employer to
41   establish a program or policy on substance abuse
42   prevention or to implement any component of testing as
43   permitted by this section.
44     4.  TESTING AS CONDITION OF EMPLOYMENT -
45   REQUIREMENTS.  To the extent provided in subsection 8,
46   an employer may test employees and prospective
47   employees for the presence of drugs or alcohol as a
48   condition of continued employment or hiring.  An
49   employer shall adhere to the requirements of this
50   section concerning the conduct of such testing and the

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 1   use and disposition of the results of such testing.
 2     5.  COLLECTION OF SAMPLES.  In conducting drug or
 3   alcohol testing, an employer may require the
 4   collection of samples from its employees and
 5   prospective employees, and may require presentation of
 6   reliable individual identification from the person
 7   being tested to the person collecting the samples.
 8   Collection of a sample shall be in conformance with
 9   the requirements of this section.  The employer may
10   designate the type of sample to be used for this
11   testing.
12     6.  SCHEDULING OF TESTS.
13     a.  Drug or alcohol testing of employees conducted
14   by an employer shall normally occur during, or
15   immediately before or after, a regular work period.

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