1. A. Any employer that requests or requires an applicant or employee to undergo drug or alcohol testing shall first adopt a written policy setting forth the specifics of its drug or alcohol testing program, which may include, but is not limited to, the following information:

   1. 1. A statement of the employer's policy respecting drug or alcohol use by employees;
   2. 2. Which applicants and employees are subject to testing;
   3. 3. Circumstances under which testing may be requested or required;
   4. 4. Substances which may be tested. It shall be sufficient for an employer to state in the written policy that the substances tested shall be for drugs and alcohol;
   5. 5. Testing methods and collection procedures to be used;
   6. 6. Consequences of refusing to undergo testing;
   7. 7. Potential adverse personnel action which may be taken as a result of a positive test result;
   8. 8. The ability of an applicant and employee to explain, in confidence, the test results;
   9. 9. The ability of an applicant and employee to obtain copies of all information and records related to that individual's testing;
   10. 10. Confidentiality requirements; and
   11. 11. The available appeal procedures.

2. B. An employer who implements a drug or alcohol testing policy or changes its policy, shall provide at least ten (10) days' notice to its employees and shall provide a copy of its policy to each applicant upon his or her acceptance of employment by:

   1. 1. Hand-delivery of a paper copy of the policy or changes to the policy;
   2. 2. Mailing a paper copy of the policy or changes to the policy through the U.S. Postal Service or a parcel delivery service to the last address given by the employee or applicant;
   3. 3. Electronically transmitting a copy of the policy through an e-mail or by posting on the employer’s website or intranet site; or
   4. 4. Posting a copy in a prominent employee access area.

Laws 1993, SB 143, c. 355, § 5, emerg. eff. June 10, 1993; Amended by Laws 2007, SB 1028, c. 78, § 2, eff. November 1, 2007 (superseded document available); Amended by Laws 2008, SB 1531, c. 132, § 12, eff. November 1, 2008 (superseded document available); Amended by Laws 2011, HB 2033, c. 180, § 4, eff. November 1, 2011 (superseded document available).