Senate File 361 S-3077 Amend Senate File 361 as follows: 1 1. By striking page 1, line 11, through page 2, line 11, and 2 inserting: 3 < (1) If a confirmed positive test result for drugs or 4 alcohol for a current employee is reported to the employer 5 by the medical review officer, the employer shall notify 6 the employee in writing by certified mail, return receipt 7 requested, of the results of the test, the employee’s right 8 to request and obtain a confirmatory test of the second 9 sample collected pursuant to paragraph “b” at an approved 10 laboratory of the employee’s choice, and the fee payable by 11 the employee to the employer for reimbursement of expenses 12 concerning the test. The fee charged an employee shall be an 13 amount that represents the costs associated with conducting 14 the second confirmatory test, which shall be consistent with 15 the employer’s cost for conducting the initial confirmatory 16 test on an employee’s sample. If the employee, in person 17 or by certified mail, return receipt requested, requests a 18 second confirmatory test, identifies an approved laboratory to 19 conduct the test, and pays the employer the fee for the test 20 within seven days from the date the employer mails by certified 21 mail, return receipt requested, the written notice to the 22 employee of the employee’s right to request a test, a second 23 confirmatory test shall be conducted at the laboratory chosen 24 by the employee. The results of the second confirmatory test 25 shall be reported to the medical review officer who reviewed 26 the initial confirmatory test results and the medical review 27 officer shall review the results and issue a report to the 28 employer on whether the results of the second confirmatory test 29 confirmed the initial confirmatory test as to the presence of 30 a specific drug or alcohol. If the results of the second test 31 do not confirm the results of the initial confirmatory test, 32 the employer shall reimburse the employee for the fee paid by 33 the employee for the second test and the initial confirmatory 34 test shall not be considered a confirmed positive test result 35 -1- SF361.1453 (1) 89 je/rn 1/ 2 #1.

for drugs or alcohol for purposes of taking disciplinary action 1 pursuant to subsection 10. In lieu of certified mail, return 2 receipt requested, an employer may offer an employee the option 3 to receive notifications and make requests as provided in this 4 subparagraph by in-person exchange of written materials or by 5 electronic notification. The employee may choose to receive 6 notifications and make requests by one of these methods or may 7 choose to receive notifications and make requests by certified 8 mail, return receipt requested. > 9 2. Page 2, by striking lines 13 through 33 and inserting 10 < Code 2021, is amended by adding the following new 11 subparagraph: 12 NEW SUBPARAGRAPH . (5) In lieu of certified mail, return 13 receipt requested, an employer may offer an employee, 14 prospective employee, or parent of a minor who is an employee 15 or prospective employee the option to receive copies and 16 notices as provided in subparagraph (1) or (2) by in-person 17 exchange of written materials or by electronic notification. 18 The employee, prospective employee, or parent of a minor who 19 is an employee or prospective employee may choose to receive 20 copies and notices by one of these methods or may choose to 21 receive copies and notices by certified mail, return receipt 22 requested. > 23 3. Page 3, line 10, by striking < clear and convincing > and 24 inserting < a preponderance of the > 25 ______________________________ ZACH WHITING -2- SF361.1453 (1) 89 je/rn 2/ 2 #2. #3.