1. A. No employer may request or require an applicant or employee to undergo drug or alcohol testing unless the employer has first adopted a written, detailed policy setting forth the specifics of its drug or alcohol testing program. The written policy shall be uniformly applied to those covered by the policy and shall include, but not be 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. To comply with the provisions of this paragraph, it shall be sufficient for an employer to state in the written policy that the substances tested shall be for drugs and alcohol as defined in the Standards for Workplace Drug and Alcohol Testing Act, including controlled substances approved for testing by rule by the State Commissioner of Health;
   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 rights of an applicant and employee to explain, in confidence, the test results;
   9. 9. The rights of an applicant and employee to obtain all information and records related to that individual's testing;
   10. 10. Confidentiality requirements; and
   11. 11. The available appeal procedures, remedies and sanctions.
2. B. An employer who is implementing a drug or alcohol testing policy for the first time, or is implementing changes to its policy, shall provide at least thirty (30) days' notice to its employees prior to implementation of the policy or changes to the policy.

3. C. An employer shall post a copy of the drug or alcohol testing policy, and any changes to the policy, in a prominent employee access area in the place of employment and shall deliver a copy of the policy, and any changes to the policy, to each employee and to each applicant upon his or her receipt of a conditional offer of employment. Delivery to employees and persons who are offered employment may be accomplished 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 prospective employee to the employer; or
   3. 3. Electronically transmitting a copy of the policy through an e-mail server or the Internet to an electronic mail address assigned by the employer to the employee or prospective employee with documented receipt capability, or to an electronic mail address provided by the employee or prospective employee to the employer for the purpose of receiving employment-related e-mails with documented receipt capability.

Added by 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).