Text: SSB01065                          Text: SSB01067
Text: SSB01000 - SSB01099               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

Senate Study Bill 1066

Bill Text

PAG LIN
  1  1    Section 1.  Section 730.5, subsection 7, paragraph b, Code
  1  2 1999, is amended to read as follows:
  1  3    b.  Sample collection for testing of current employees,
  1  4 except for the collection of a sample for alcohol testing
  1  5 conducted pursuant to paragraph "f", subparagraph (2), shall
  1  6 be performed so that the specimen is split into two components
  1  7 at the time of collection in the presence of the individual
  1  8 from whom the sample or specimen is collected.  The second
  1  9 portion of the specimen or sample shall be of sufficient
  1 10 quantity to permit a second, independent confirmatory test as
  1 11 provided in paragraph "i".  If the specimen is urine, the
  1 12 sample shall be split such that the primary sample contains at
  1 13 least thirty milliliters and the secondary sample contains at
  1 14 least fifteen milliliters.  Both portions of the sample shall
  1 15 be forwarded to the laboratory conducting the initial
  1 16 confirmatory testing.  In addition to any requirements for
  1 17 storage of the initial sample that may be imposed upon the
  1 18 laboratory as a condition for certification or approval, the
  1 19 laboratory shall store the second portion of any sample until
  1 20 receipt of a confirmed negative test result or for a period of
  1 21 at least forty-five calendar days following the completion of
  1 22 the initial confirmatory testing, if the first portion yielded
  1 23 a confirmed positive test result.
  1 24    Sec. 2.  Section 730.5, subsection 7, paragraph c,
  1 25 subparagraph (1), Code 1999, is amended to read as follows:
  1 26    (1)  Samples, except for samples collected for alcohol
  1 27 testing conducted pursuant to paragraph "f", subparagraph (2),
  1 28 shall be labeled so as to reasonably preclude the possibility
  1 29 of misidentification of the person tested in relation to the
  1 30 test result provided, and samples shall be handled and tracked
  1 31 in a manner such that control and accountability are
  1 32 maintained from initial collection to each stage in handling,
  1 33 testing, and storage, through final disposition.
  1 34    Sec. 3.  Section 730.5, subsection 7, paragraph f, Code
  1 35 1999, is amended to read as follows:
  2  1    f.  Drug or alcohol testing shall include confirmation of
  2  2 any initial positive test results.  For drug or alcohol
  2  3 testing, confirmation shall be by use of a different chemical
  2  4 process than was used in the initial screen for drugs or
  2  5 alcohol.  The confirmatory drug or alcohol test shall be a
  2  6 chromatographic technique such as gas chromatography or mass
  2  7 spectrometry, or another comparably reliable analytical
  2  8 method.  An employer may take adverse employment action,
  2  9 including refusal to hire a prospective employee, based on a
  2 10 confirmed positive drug or alcohol test.
  2 11    (1)  For drug or alcohol testing, except for alcohol
  2 12 testing conducted pursuant to subparagraph (2), confirmation
  2 13 shall be by use of a different chemical process than was used
  2 14 in the initial screen for drugs or alcohol.  The confirmatory
  2 15 drug or alcohol test shall be a chromatographic technique such
  2 16 as gas chromatography/mass spectrometry, or another comparably
  2 17 reliable analytical method.
  2 18    (2)  Notwithstanding any provision of this section to the
  2 19 contrary, alcohol testing, including initial and confirmatory
  2 20 testing, may be conducted pursuant to requirements established
  2 21 by the employer's written policy.  The written policy shall
  2 22 include requirements governing evidential breath testing
  2 23 devices, alcohol screening devices, and the qualifications for
  2 24 personnel administering initial and confirmatory testing,
  2 25 which shall be consistent with regulations adopted as of
  2 26 January 1, 1999, by the United States department of
  2 27 transportation governing alcohol testing required to be
  2 28 conducted pursuant to the federal Omnibus Transportation
  2 29 Employee Testing Act of 1991.
  2 30    Sec. 4.  Section 730.5, subsection 7, paragraph g, Code
  2 31 1999, is amended to read as follows:
  2 32    g.  A medical review officer shall, prior to the results
  2 33 being reported to an employer, review and interpret any
  2 34 confirmed positive test results, including both quantitative
  2 35 and qualitative test results, to ensure that the chain of
  3  1 custody is complete and sufficient on its face and that any
  3  2 information provided by the individual pursuant to paragraph
  3  3 "c", subparagraph (2), is considered.  However, this paragraph
  3  4 shall not apply to alcohol testing conducted pursuant to
  3  5 paragraph "f", subparagraph (2).
  3  6    Sec. 5.  EFFECTIVE DATE.  This Act, being deemed of
  3  7 immediate importance, takes effect upon enactment.  
  3  8                           EXPLANATION
  3  9    This bill makes changes governing alcohol testing of
  3 10 private sector employees and prospective employees.  The bill
  3 11 provides that an employer may conduct initial and confirmatory
  3 12 testing for alcohol pursuant to requirements established in
  3 13 the employer's written policy, which shall be consistent with
  3 14 the applicable regulations adopted as of January 1, 1999, by
  3 15 the United States department of transportation to govern
  3 16 alcohol testing required to be conducted pursuant to the
  3 17 federal Omnibus Transportation Employee Testing Act of 1991.
  3 18 Current drug and alcohol testing requirements for confirmatory
  3 19 testing of a positive test result and sample collection,
  3 20 specifically the requirements for split samples and sample
  3 21 documentation, are made inapplicable to alcohol testing
  3 22 conducted as required by this bill.
  3 23    The bill also replaces the word "or" between the phrases
  3 24 "gas chromatography" and "mass spectrometry" with a slash to
  3 25 reflect that this is only a single method to conduct
  3 26 confirmatory testing.
  3 27    The bill takes effect upon enactment.  
  3 28 LSB 1830XC 78
  3 29 ec/jw/5.2

Text: SSB01065                          Text: SSB01067
Text: SSB01000 - SSB01099               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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