Vote Smart's Synopsis:

Vote to pass a bill that establishes guidelines for drug testing private sector employees.

Highlights:

• Defines “safety-sensitive position” as a position designated by the employer as one wherein an accident could cause loss of human life, serious bodily injury, or significant property or environmental damage, including a job with duties that include immediate supervision of a person in a job that meets the requirements (Sec. 1.j).

• Specifies if a confirmed positive test result for drugs or alcohol for a current employee is reported to the employer by the medical review officer, the employer will notify the employee in writing by certified mail, return receipt requested, of the results of the test, the employee's right to request and obtain a confirmatory test of the second sample collected at an approved laboratory of the employee's choice, and the fee payable by the employee the employer for reimbursement of expenses concerning the test (Sec. 2-1).

• Authorizes requested,an employer may offer an employee, prospective employee, or parent of a minor who is an employee or prospective employee the option to receive copies and notices by in-person exchange of written materials or by electronic notification (Sec. 3-5).

• Specifies an aggrieved employee or prospective employee has the burden of proving by a preponderance of the evidence that a violation of this law directly caused any damages for which affirmative relief is sought (Sec. 4.a).

• Specifies when a person commits,is committing,or proposes to commit, an act in violation of this law, an injunction may be granted through an action in district court to prohibit the person from continuing such acts (Sec. 4.b).

Full Bill Text