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House Journal: Page 513: Wednesday, March 4, 1998

12     (5)  Evidence that an employee has caused an
13   accident while at work which resulted in a personal
14   injury which required medical treatment away from the
15   workplace or damage to property, including equipment,
16   in an amount reasonably estimated to exceed one
17   thousand dollars at the time of the accident.
18     (6)  Evidence that an employee has possessed or
19   used drugs while working or while on the employer's
20   premises or while operating the employer's vehicle,
21   machinery, or equipment.
22     i.  "Sample" means such sample of urine from the
23   human body capable of revealing the presence of
24   alcohol or other drugs, or their metabolites.
25     2.  APPLICABILITY.  This section does not prevent
26   an employer from conducting medical screening for
27   substances other than drugs or alcohol in order to
28   monitor employee exposure to toxic or other unhealthy
29   substances encountered in the workplace or in the
30   performance of the employees' job responsibilities.
31   Any such screening must be limited to the specific
32   substances required to be monitored.
33     3.  TESTING AS CONDITION OF EMPLOYMENT -
34   REQUIREMENTS.  To the extent provided in subsection 7,
35   an employer may test employees and prospective
36   employees for the presence of drugs or alcohol as a
37   condition of continued employment or hiring.  An
38   employer shall adhere to the requirements of this
39   section concerning the conduct of such testing and the
40   use and disposition of the results of such testing.
41     4.  COLLECTION OF SAMPLES.  In conducting drug or
42   alcohol testing, an employer may require the
43   collection of samples from its employees and
44   prospective employees, and may require presentation of
45   reliable individual identification from the person
46   being tested to the person collecting the samples.
47   Collection of a sample shall be in conformance with
48   the requirements of this section.
49     5.  SCHEDULING OF TESTS.
50     a.  Drug or alcohol testing of employees conducted

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 1   by an employer shall normally occur during, or
 2   immediately before or after, a regular work period.
 3   The time required for such testing by an employer
 4   shall be deemed work time for the purposes of
 5   compensation and benefits for employees.
 6     b.  An employer shall pay all actual costs for drug
 7   or alcohol testing of employees and prospective
 8   employees required by the employer.
 9     c.  An employer shall provide transportation or pay
10   reasonable transportation costs to employees for all
11   drug or alcohol testing under this section.

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