(a) An employer may take adverse employment action based on

1. (1) a positive drug test or alcohol impairment test result that indicates a violation of the employer's written policy;
2. (2) the refusal of an employee or prospective employee to provide a drug testing sample; or
3. (3) the refusal of an employee to provide an alcohol impairment testing sample.

(b) Adverse employment action under (a) of this section may include

1. (1) a requirement that the employee enroll in an employer provided or employer approved rehabilitation, treatment, or counseling program; the program may include additional drug testing and alcohol impairment testing; the employer may require participation in the program as a condition of employment; costs of participating in the program may or may not be covered by the employer's health plan or policies;
2. (2) suspension of the employee, with or without pay, for a designated period of time;
3. (3) termination of employment;
4. (4) in case of drug testing, refusal to hire a prospective employee; and
5. (5) other adverse employment action.