CHAPTER 18. DRUG TESTING OF EMPLOYEES OF PUBLIC WORKS CONTRACTORS
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.