Notwithstanding IC 22-9-5-24 , an operator or a representative of the operator may test a mine employee on the grounds of the mine or off premises at a medical facility:

1. (1) to determine the illegal use of drugs by the mine employee; or

2. (2) to determine whether the mine employee has an alcohol concentration equivalent to at least four-hundredths (0.04) grams alcohol per:

   1. (A) one hundred (100) milliliters of the mine employee's blood; or
   2. (B) two hundred ten (210) liters of the mine employee's breath.

As added by P.L.35-2007, SEC.24.