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House Journal: Page 484: Wednesday, March 4, 1998

16   negative test result report.
17     k.  Except as necessary to conduct drug or alcohol
18   testing pursuant to this section and to submit the
19   report required by subsection 16, a laboratory or
20   other medical facility shall only report to an
21   employer or outside entity information relating to the
22   results of a drug or alcohol test conducted pursuant
23   to this section concerning the determination of
24   whether the tested individual has engaged in conduct
25   prohibited by the employer's written policy with
26   regard to alcohol or drug use.
27     l.  Notwithstanding the provisions of this
28   subsection, an employer may rely and take action upon
29   the results of any blood test for drugs or alcohol
30   made on any employee involved in an accident at work
31   if the test is administered by or at the direction of
32   the person providing treatment or care to the employee
33   without request or suggestion by the employer that a
34   test be conducted, and the employer has lawfully
35   obtained the results of the test.  For purposes of
36   this paragraph, an employer shall not be deemed to
37   have requested or required a test in conjunction with
38   the provision of medical treatment following a
39   workplace accident by providing information concerning
40   the circumstance of the accident.
41     8.  DRUG OR ALCOHOL TESTING.  Employers may conduct
42   drug or alcohol testing as provided in this
43   subsection:
44     a.  Employers may conduct unannounced drug or
45   alcohol testing of employees who are selected from any
46   of the following pools of employees:
47     (1)  The entire employee population at a particular
48   work site of the employer except for employees who are
49   not scheduled to be at work at the time the testing is
50   conducted because of the status of the employees or

Page 8

 1   who have been excused from work pursuant to the
 2   employer's work policy prior to the time the testing
 3   is announced to employees.
 4     (2)  The entire full-time active employee
 5   population at a particular work site except for
 6   employees who are not scheduled to be at work at the
 7   time the testing is to be conducted because of the
 8   status of the employee, or who have been excused from
 9   work pursuant to the employer's working policy.
10     (3)  All employees at a particular work site who
11   are in a pool of employees in a safety-sensitive
12   position and who are scheduled to be at work at the
13   time testing is conducted, other than employees who
14   are not scheduled to be at work at the time the
15   testing is to be conducted or who have been excused

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URL: /DOCS/GA/77GA/Session.2/HJournal/00400/00484.html
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