US Lawyer Database

§ 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 […]

§ 50-9-103. Chapter Definitions

As used in this chapter, unless the context otherwise requires: “Alcohol” has the same meaning in this chapter when used in the federal regulations describing the procedures used for testing of alcohol by programs operating pursuant to the authority of the United States department of transportation, currently compiled at 49 CFR part 40. It is […]

§ 50-9-105. Written Policy Statement

One (1) time only, prior to testing, a covered employer shall give all employees and job applicants for employment a written policy statement that contains: A general statement of the covered employer’s policy on employee drug or alcohol use, which must identify: The types of drug or alcohol testing an employee or job applicant may […]

§ 50-9-106. Required Drug or Alcohol Tests

To the extent permitted by law, a covered employer who establishes a drug-free workplace is required to conduct the following types of drug or alcohol tests: Job Applicant Drug and Alcohol Testing.  A covered employer must, after a conditional offer of employment, require job applicants to submit to a drug test and may use a […]

§ 50-9-107. Testing Subject to Department of Transportation Procedures — Verification — Chain of Custody Procedures — Costs — Discrimination on Grounds of Voluntary Treatment Prohibited

All specimen collection and testing for drugs and alcohol under this chapter shall be performed in accordance with the procedures provided for by the United States department of transportation rules for workplace drug and alcohol testing compiled at 49 CFR part 40. A covered employer may not discharge, discipline, refuse to hire, discriminate against or […]