23-493. Definitions In this article, unless the context otherwise requires: 1. " Alcohol" means ethanol, isopropanol or methanol. 2. " Current use of any drug" means drug use that has occurred recently enough to justify an employer’s reasonable belief that involvement with drugs is ongoing. Current use of any drug is not limited to any […]
23-493.01. Collection of samples A. In order to test reliably for the presence of drugs, an employer may require samples from its employees and prospective employees and may require presentation of reliable individual identification from the person being tested to the person collecting the samples. Collection of the sample shall conform to the requirements of […]
23-493.02. Scheduling of tests Regarding the timing and cost of drug tests and alcohol impairment tests, and in order for an employer to qualify for the benefits of this article: 1. Any drug testing or alcohol impairment testing by an employer of employees normally shall occur during, or immediately before or after, a regular work […]
23-493.03. Testing procedures All sample collection and testing for drugs and alcohol impairment under this article shall be performed according to the following conditions: 1. The collection of samples shall be performed under reasonable and sanitary conditions. 2. Sample collections shall be documented and these documentation procedures shall include both of the following: (a) Labeling […]
23-493.04. Testing policy requirements A. Testing or retesting for the presence of drugs or alcohol by an employer shall be carried out within the terms of a written policy that has been distributed to every employee subject to testing or that has been made available to employees in the same manner as the employer informs […]
23-493.05. Disciplinary procedures An employer may take adverse employment action based on a positive drug test or alcohol impairment test. On receipt of a positive drug test or alcohol impairment test result that indicates a violation of the employer’s written policy, on the refusal of an employee or prospective employee to provide a drug testing […]
23-493.06. Employer protection from litigation A. No cause of action is or may be established for any person against an employer who has established a policy and initiated a testing program in accordance with this article for any of the following: 1. Actions in good faith based on the results of a positive drug test […]
23-493.07. Causes of action based on test results A. No cause of action is or may be established for any person against an employer who has established a program of drug testing or alcohol impairment testing in accordance with this article, unless the employer’s action was based on a false positive test result and the […]
23-493.08. Limits to causes of action A. No cause of action for defamation of character, libel, slander or damage to reputation is or may be established for any person against an employer who has established a program of drug testing or alcohol impairment testing in accordance with this article unless all of the following apply: […]
23-493.09. Confidentiality of results; access to records A. All communications received by an employer relevant to drug test or alcohol impairment test results and received through the employer’s testing program are confidential communications and may not be used or received in evidence, obtained in discovery or disclosed in any public or private proceeding, except in […]
23-493.10. Construction; collective bargaining Nothing in this article shall be construed to infringe on, contradict, preempt or otherwise conflict with the valid provisions of any collective bargaining agreement or to otherwise abridge or infringe on the rights and responsibilities of all parties in the collective bargaining process to negotiate collective bargaining agreements. These contract provisions […]
23-493.11. Effect of mandatory testing obligations An employer who is obligated by state or federal requirements to have a drug testing or alcohol impairment testing policy or program shall receive the full benefits of this article, even if that policy or program does not conform to all of the provisions of this article, provided the […]
23-493.12. Severability If a provision of this article or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this article that can be given effect without the invalid provision or application and, to this end, the provisions of this article are severable.
