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House Journal: Page 481: Wednesday, March 4, 1998

16   The time required for such testing by an employer
17   shall be deemed work time for the purposes of
18   compensation and benefits for employees.
19     b.  An employer shall pay all actual costs for drug
20   or alcohol testing of employees and prospective
21   employees required by the employer.
22     c.  An employer shall provide transportation or pay
23   reasonable transportation costs to employees if drug
24   or alcohol sample collection is conducted at a
25   location other than the employee's normal work site.
26     7.  TESTING PROCEDURES.  All sample collection and
27   testing for drugs or alcohol under this section shall
28   be performed in accordance with the following
29   conditions:
30     a.  The collection of samples shall be performed
31   under sanitary conditions and with regard for the
32   privacy of the individual from whom the specimen is
33   being obtained and in a manner reasonably calculated
34   to preclude contamination or substitution of the
35   specimen.
36     b.  Sample collection for testing of current
37   employees shall be performed so that the specimen is
38   split into two components at the time of collection in
39   the presence of the individual from whom the sample or
40   specimen is collected.  The second portion of the
41   specimen or sample shall be of sufficient quantity to
42   permit a second, independent confirmatory test as
43   provided in paragraph "i".  If the specimen is urine,
44   the sample shall be split such that the primary sample
45   contains at least thirty milliliters and the secondary
46   sample contains at least fifteen milliliters.  Both
47   portions of the sample shall be forwarded to the
48   laboratory conducting the initial confirmatory
49   testing.  In addition to any requirements for storage
50   of the initial sample that may be imposed upon the

Page 5

 1   laboratory as a condition for certification or
 2   approval, the laboratory shall store the second
 3   portion of any sample until receipt of a confirmed
 4   negative test result or for a period of at least
 5   forty-five calendar days following the completion of
 6   the initial confirmatory testing, if the first portion
 7   yielded a confirmed positive test result.
 8     c.  Sample collections shall be documented, and the
 9   procedure for documentation shall include the
10   following:
11     (1)  Samples shall be labeled so as to reasonably
12   preclude the possibility of misidentification of the
13   person tested in relation to the test result provided,
14   and samples shall be handled and tracked in a manner
15   such that control and accountability are maintained

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