LABOR AND EMPLOYMENT

SENATE FILE 2173 - Private Sector Employee Drug Testing

RELATED LEGISLATION

SENATE FILE 2298 - Government Funding, Administration, and Regulation - Appropriations and Miscellaneous Changes

SEE APPROPRIATIONS. Division III of this Act appropriates moneys to the Department of Workforce Development and includes a provision relating to the Unemployment Compensation Program. Division IX requires the Attorney General to be reimbursed up to $50,000 from the Second Injury Fund for providing services related to the fund.

SENATE FILE 2311 - Workforce and Economic Development Appropriations and Related Changes — EXTRAORDINARY SESSION

SEE APPROPRIATIONS. Division II of this Act appropriates from the State General Fund for FY 2004-2005 through FY 2006-2007 to the Department of Workforce Development for field offices which were to be funded by the extension of the administrative contribution surcharge. This extension was ruled invalid. The Act takes effect September 7, 2004.

HOUSE FILE 2581 - Miscellaneous Economic Development, Taxation, Regulatory, and Employment-Related Changes — EXTRAORDINARY SESSION

SEE ECONOMIC DEVELOPMENT. Division IV of the Act relates to certain benefits and procedures related to workers’ compensation and Division VII of the Act relates to the repeal of the Administrative Contribution Surcharge. The Act takes effect September 7, 2004.

LABOR AND EMPLOYMENT

SENATE FILE 2173 - Private Sector Employee Drug Testing (full text of bill)

BY COMMITTEE ON BUSINESS AND LABOR RELATIONS. This Act concerns private sector drug testing, primarily relating to authorized testing samples, confirmed positive test result requirements, and oral fluid testing procedures.

The Act provides that acceptable samples for drug and alcohol testing are limited to urine, saliva, breath, and blood.

The Act adds a definition of a "confirmed positive test result" for nonalcohol drug testing to provide that the level of drugs necessary for a positive test result shall meet or exceed nationally accepted standards adopted by the federal Substance Abuse and Health Services Administration. If nationally accepted standards for oral fluid tests have not been adopted by the federal Substance Abuse and Health Services Administration, the standards for a positive test result shall be the same standard established by the federal Food and Drug Administration for the instrument used to measure the oral fluid sample.

The Act also establishes testing procedures for oral fluid testing. The Act provides that this testing shall be performed in the presence of the individual to be tested. In addition, the sample collected shall be of sufficient quantity to permit a second confirmatory test, but the requirement to initially split the sample, except for urine samples, is eliminated. Instead, the unused portion of any sample collected shall be stored for possible follow-up testing until the initial sample tests negative or for 45 days following an initial positive test result.

The Act takes effect April 16, 2004.