Sec. 31-51x. Drug testing: Reasonable suspicion required. Random tests.
Sec. 31-51x. Drug testing: Reasonable suspicion required. Random tests. (a)
No employer may require an employee to submit to a urinalysis drug test unless the
employer has reasonable suspicion that the employee is under the influence of drugs or
alcohol which adversely affects or could adversely affect such employee's job performance. The Labor Commissioner shall adopt regulations in accordance with chapter 54
to specify circumstances which shall be presumed to give rise to an employer having
such a reasonable suspicion, provided nothing in such regulations shall preclude an
employer from citing other circumstances as giving rise to such a reasonable suspicion.
(b) Notwithstanding the provisions of subsection (a) of this section, an employer
may require an employee to submit to a urinalysis drug test on a random basis if (1)
such test is authorized under federal law, (2) the employee serves in an occupation which
has been designated as a high-risk or safety-sensitive occupation pursuant to regulations
adopted by the Labor Commissioner pursuant to chapter 54, or is employed to operate
a school bus, as defined in section 14-275, or a student transportation vehicle, as defined
in section 14-212, or (3) the urinalysis is conducted as part of an employee assistance
program sponsored or authorized by the employer in which the employee voluntarily
participates.
(P.A. 87-551, S. 6, 7; P.A. 91-271, S. 2; P.A. 07-224, S. 4.)
History: P.A. 91-271 amended Subsec. (a) to require the labor commissioner to adopt regulations specifying circumstances giving rise to reasonable suspicion; (Revisor's note: In 1997 references to "Commissioner of Labor" were changed
editorially by the Revisors to "Labor Commissioner" for consistency with customary statutory usage); P.A. 07-224 amended
Subsec. (b)(2) by adding provision re employee employed to operate a school bus or student transportation vehicle, effective
July 1, 2007.
Cited. 243 C. 66.
Subsec. (a):
Issue of voluntary testing under the statute should be resolved in manner consistent with federal fourth amendment
constitutional law. 244 C. 598. Plaintiff seen as voluntarily consenting to testing in case in which he was motivated by
fear that he would be dismissed for attempting to remove employer's property from the plant without authorization. Id.