§ 50-9-108. Drug or Alcohol Use Not a Disability — Drug or Alcohol Use “Cause” for Firing or Failure to Hire — Miscellaneous Provisions
An employee or job applicant whose drug or alcohol test result is confirmed as positive in accordance with this section shall not, by virtue of the result alone, be deemed to have a disability as defined under federal, state or local disability discrimination laws. A covered employer who discharges or disciplines an employee or refuses […]
§ 50-9-109. Confidentiality of Records — Parental Notification
All information, interviews, reports, statements, memoranda and drug or alcohol test results, written or otherwise, received by the covered employer through a drug or alcohol testing program are confidential communications and may not be used or received in evidence, obtained in discovery or disclosed in any public or private proceedings, except in accordance with this […]
§ 50-9-110. Prerequisites for Processing Test Specimens — Licensure of Testing Laboratory
A laboratory may not analyze initial or confirmation test specimens unless: The laboratory is licensed and approved by the department of health, using criteria established by the United States department of health and human services as guidelines for modeling the state drug-free testing program pursuant to this section, or the laboratory is certified by the […]
§ 50-9-111. Rules and Regulations — Guidelines for State Testing Program
The administrator of the bureau of workers’ compensation is authorized to adopt rules, using the rules and guidelines adopted by the department of health and criteria established by the United States department of health and human services and the United States department of transportation as guidelines for modeling the state drug and alcohol testing program, […]
§ 50-9-112. Temporary Employment Agencies Exempt From Drug-Free Workplace Requirements
A temporary employment agency shall not be required by rule, regulation or policy of the department of labor and workforce development to implement a drug-free workplace pursuant to this chapter.
§ 50-9-113. State and Local Government Construction Contracts
Each employer with five (5) or more employees receiving pay who contracts with the state or any local government to provide construction services or who is awarded a contract to provide construction services or who provides construction services to the state or local government shall submit an affidavit stating that the employer has a drug-free […]
§ 50-9-114. Information to Be Included Within Bid or Procurement Specifications for Construction Services — Contesting a Contract
The state or any local government, including departments, divisions, or agencies thereof, shall include within any bid or procurement specifications for construction services the following information: A statement as to whether the governmental entity issuing a construction service bid or other procurement specification operates a drug-free workplace program as certified under this chapter or operates […]
§ 50-9-115. Report of Healthcare Practitioner Who Tests Positive for Any Drug or Refuses to Submit to Drug Test
Notwithstanding this chapter, a covered employer who has employees who are healthcare practitioners for the purposes of § 63-1-126 shall report a healthcare practitioner who tests positive for any drug on any government or private sector preemployment or employer-ordered confirmed drug test, or who refuses to submit to a drug test, to the department of […]
§ 50-9-116. Consideration of Prescriptions Issued Within Six Months Prior to Positive Confirmed Drug Result
As used in this section: “Issued” means the date that the licensed physician physically wrote or electronically transmitted the prescription to the pharmacy; and “Valid prescription” means a prescription that is written or electronically sent by a licensed practitioner for the individual subject to a drug test pursuant to this chapter and filled in a […]
§ 50-9-102. Applicability
Sections 50-9-103 — 50-9-111 apply to a drug-free workplace program implemented pursuant to rules adopted by the administrator of the bureau of workers’ compensation. The application of this chapter is subject to the provisions of any applicable collective bargaining agreement. Nothing in the program authorized by this chapter is intended to authorize any employer to […]