CHAPTER 18. DRUG TESTING OF EMPLOYEES OF PUBLIC WORKS CONTRACTORS - Indiana Statutes

IC 4-13-18
     Chapter 18. Drug Testing of Employees of Public Works Contractors

IC 4-13-18-1
Applicability
     Sec. 1. This chapter applies only to a public works contract awarded after June 30, 2006.
As added by P.L.160-2006, SEC.2.

IC 4-13-18-2
"Bid"
     Sec. 2. As used in this chapter, "bid" includes a quotation.
As added by P.L.160-2006, SEC.2.

IC 4-13-18-3
"Contractor"
     Sec. 3. (a) As used in this chapter, "contractor" refers to a person who:
        (1) submits a bid to do work under a public works contract; or
        (2) does any work under a public works contract.
    (b) The term includes a subcontractor of a contractor.
As added by P.L.160-2006, SEC.2.

IC 4-13-18-4
"Public works contract"
     Sec. 4. As used in this chapter, "public works contract" refers to:
        (1) a public works contract covered by IC 4-13.6;
        (2) a public works contract covered by IC 5-16 and entered into by a state agency; or
        (3) a state highway contract covered by IC 8-23-9;
when the estimated cost of the public works project is one hundred fifty thousand dollars ($150,000) or more.
As added by P.L.160-2006, SEC.2.

IC 4-13-18-5
Employee drug testing plan required in bid; collective bargaining agreements
     Sec. 5. (a) A solicitation for a public works contract must require each contractor that submits a bid for the work to submit with the bid a written plan for a program to test the contractor's employees for drugs.
    (b) A public works contract may not be awarded to a contractor whose bid does not include a written plan for an employee drug testing program that complies with this chapter.
    (c) A contractor that is subject to a collective bargaining agreement shall be treated as having an employee drug testing program that complies with this chapter if the collective bargaining agreement establishes an employee drug testing program that includes the following:         (1) The program provides for the random testing of the contractor's employees.
        (2) The program contains a five (5) drug panel that tests for the substances identified in section 6(a)(3) of this chapter.
        (3) The program imposes disciplinary measures on an employee who fails a drug test. The disciplinary measures must include at a minimum, all the following:
            (A) The employee is subject to suspension or immediate termination.
            (B) The employee is not eligible for reinstatement until the employee tests negative on a five (5) drug panel test certified by a medical review officer.
            (C) The employee is subject to unscheduled sporadic testing for at least one (1) year after reinstatement.
            (D) The employee successfully completes a rehabilitation program recommended by a substance abuse professional if the employee fails more than one (1) drug test.
A copy of the relevant part of the collective bargaining agreement constitutes a written plan under this section.
As added by P.L.160-2006, SEC.2.

IC 4-13-18-6
Employee drug testing program requirements
     Sec. 6. (a) A contractor's employee drug testing program must satisfy all of the following:
        (1) Each of the contractor's employees must be subject to a drug test at least one (1) time each year.
        (2) Subject to subdivision (1), the contractor's employees must be tested randomly. At least two percent (2%) of the contractor's employees must be randomly selected each month for testing.
        (3) The program must contain at least a five (5) drug panel that tests for the following:
            (A) Amphetamines.
            (B) Cocaine.
            (C) Opiates (2000 ng/ml).
            (D) PCP.
            (E) THC.
        (4) The program must impose progressive discipline on an employee who fails a drug test. The discipline must have at least the following progression:
            (A) After the first positive test, an employee must be:
                (i) suspended from work for thirty (30) days;
                (ii) directed to a program of treatment or rehabilitation; and
                (iii) subject to unannounced drug testing for one (1) year, beginning the day the employee returns to work.
            (B) After a second positive test, an employee must be:
                (i) suspended from work for ninety (90) days;
                (ii) directed to a program of treatment or rehabilitation;

and
                (iii) subject to unannounced drug testing for one (1) year, beginning the day the employee returns to work.
            (C) After a third or subsequent positive test, an employee must be:
                (i) suspended from work for one (1) year;
                (ii) directed to a program of treatment or rehabilitation; and
                (iii) subject to unannounced drug testing for one (1) year, beginning the day the employee returns to work.
        The program may require dismissal of the employee after any positive drug test or other discipline more severe than is described in this subdivision.
    (b) An employer complies with the requirement of subsection (a) to direct an employee to a program of treatment or rehabilitation if the employer does either of the following:
        (1) Advises the employee of any program of treatment or rehabilitation covered by insurance provided by the employer.
        (2) If the employer does not provide insurance that covers drug treatment or rehabilitation programs, the employer advises the employee of agencies known to the employer that provide drug treatment or rehabilitation programs.
As added by P.L.160-2006, SEC.2.

IC 4-13-18-7
Contract cancellation for noncompliance
     Sec. 7. (a) The public works contract must provide for the following:
        (1) That the contractor implement the employee drug testing program described in the contractor's plan.
        (2) Cancellation of the contract by the agency awarding the contract if the contractor:
            (A) fails to implement its employee drug testing program during the term of the contract;
            (B) fails to provide information regarding implementation of the contractor's employee drug testing program at the request of the agency; or
            (C) provides to the agency false information regarding the contractor's employee drug testing program.
    (b) The provisions of the public works contract relating to cancellation of the contract by the agency awarding the contract apply to cancellation of the public works contract under this section.
As added by P.L.160-2006, SEC.2.