Introduced Senate Bill (S)

Authored by

DIGEST

Drug testing of unemployment insurance applicants. Requires an individual to undergo a drug test as a condition of the individual's initial eligibility for unemployment benefits (benefits) if the individual: (1) was discharged from employment by the individual's most recent employer because of the individual's unlawful use of a controlled substance; or (2) is an individual for whom suitable work is only available in an occupation that the United States Department of Labor has determined by rule is an occupation that regularly conducts drug testing. If the individual tests positive or refuses to take a drug test, provides that the individual Drug testing of unemployment insurance applicants. Requires an individual to undergo a drug test as a condition of the individual's initial eligibility for unemployment benefits (benefits) if the individual: (1) was discharged from employment by the individual's most recent employer because of the individual's unlawful use of a controlled substance; or (2) is an individual for whom suitable work is only available in an occupation that the United States Department of Labor has determined by rule is an occupation that regularly conducts drug testing. If the individual tests positive or refuses to take a drug test, provides that the individual is ineligible for waiting period or benefit rights for the week in which the positive test results or refusal occurred and until: (1) the individual earns remuneration in employment in at least eight weeks; and (2) the remuneration earned equals or exceeds the product of the individual's weekly benefit amount multiplied by eight. Provides that an individual is not disqualified from receiving benefits if the individual: (1) obtained the controlled substance for which the individual tested positive by means of a prescription issued by a practitioner authorized to prescribe the controlled substance; and (2) ingested, injected, or inhaled the controlled substance that was prescribed in accordance with the practitioner's directions. Provides that the department of workforce development (department) may not require an individual to pay any of the costs of a drug test. Provides that the fact that the individual took a drug test and the results of the test are confidential to the extent required by 20 CFR 603. Requires the department to ensure that a drug test meets or exceeds: (1) standards of the mandatory guidelines for federal workplace drug testing programs published by the Substance Abuse and Mental Health Services Administration (SAMHSA); or (2) procedures established by the United States Department of Transportation. ... View more