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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 Page 3 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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