1. A. Employees in safety-sensitive positions within the meaning of the Omnibus Transportation Employee Testing Act of 1991 ("Omnibus Act" (49 U.S.C. Subtitle VI Part B § 31306) are exempt from and are not covered by the provisions of 1.7.8.7 NMAC and 1.7.8.9 NMAC through 1.7.8.20 NMAC.
2. B. Agencies with employees covered by the Omnibus Act shall develop and submit to the State Personnel Office (SPO) director a policy for implementing drug and alcohol tests.

3. C. The policy shall contain at the least the:

   1. (1) covered positions;
   2. (2) testing requirements for drugs and alcohol;
   3. (3) collection of specimen;
   4. (4) reporting and explanation of test results;
   5. (5) confidentiality;
   6. (6) training;
   7. (7) rehabilitation and sanctions;
   8. (8) record retention;
   9. (9) rehabilitative and sanction parameters of drug and alcohol abuse; and
   10. (10) reasonable suspicion.
4. D. Agencies shall advise the board annually of those positions covered by the Omnibus Act.

[1.7.8.8 NMAC - Rp, 1.7.8.8 NMAC, 1/14/2025]