Employee Testing Act
- Employers can test employees for alcohol and controlled substances to ensure they fall below legal limits before operating such vehicles. An employee cannot work if he has a blood alcohol level of more than 0.02 percent. No employee may carry alcohol while performing official duties, and no employee must execute a safety-sensitive task within four hours of consuming any alcohol. Employee must also not consume alcohol or any other controlled substance within eight hours of any work-related accident.
- Employees may not refuse to take a drug and alcohol test, and must conform to legal testing requirements. It is also illegal for any employee to carry out duties if she is under the influence of any drug or alcohol. Prohibited substances include cocaine, barbiturates, amphetamines, marijuana, opiates and alcohol.
- An employer may randomly select employees for testing at the employer's convenience. Pre-employment testing is also mandatory, and employers may order any workers under reasonable suspicion to take a test. If an employee has been off duty with illness, he must also undergo a test if he intends to return to his duties. Employers must conduct tests under the National Highway Transportation Safety Administration (NHTSA) rules, using the Evidential Breath Testing (EBT) method and urine samples.
Controlled Substances
Conditions
Testing Procedures
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