§ 28-6.5-1 - Testing permitted only in accordance with this section.
SECTION 28-6.5-1
§ 28-6.5-1 Testing permitted only inaccordance with this section. – (a) No employer or agent of any employer shall, either orally or in writing,request, require, or subject any employee to submit a sample of his or herurine, blood, or other bodily fluid or tissue for testing as a condition ofcontinued employment unless that test is administered in accordance with theprovisions of this section. Employers may require that an employee submit to adrug test if:
(1) The employer has reasonable grounds to believe based onspecific aspects of the employee's job performance and specific contemporaneousobservations, capable of being articulated, concerning the employee'sappearance, behavior or speech that the employee's use of controlled substancesis impairing his or her ability to perform his or her job;
(2) The employee provides the test sample in private, outsidethe presence of any person;
(3) Employees testing positive are not terminated on thatbasis, but are instead referred to a substance abuse professional (a licensedphysician with knowledge and clinical experience in the diagnosis and treatmentof drug related disorders, a licensed or certified psychologist, social worker,or EAP professional with like knowledge, or a substance abuse counselorcertified by the National Association of Alcohol and Drug Abuse Counselors (allof whom shall be licensed in Rhode Island)) for assistance; provided, thatadditional testing may be required by the employer in accordance with thisreferral, and an employee whose testing indicates any continued use ofcontrolled substances despite treatment may be terminated;
(4) Positive tests of urine, blood or any other bodily fluidor tissue are confirmed by a federally certified laboratory by means of gaschromatography/mass spectrometry or technology recognized as being at least asscientifically accurate;
(5) The employer provides the employee, at the employer'sexpense, the opportunity to have the sample tested or evaluated by anindependent testing facility and so advises the employee;
(6) The employer provides the employee with a reasonableopportunity to rebut or explain the results;
(7) The employer has promulgated a drug abuse preventionpolicy which complies with requirements of this chapter; and
(8) The employer keeps the results of any test confidential,except for disclosing the results of a "positive" test only to other employeeswith a job-related need to know, and to defend against any legal action broughtby the employee against the employer.
(b) Any employer who subjects any person employed by him orher to this test, or causes, directly or indirectly, any employee to take thetest, except as provided for by this chapter, shall be guilty of a misdemeanorpunishable by a fine of not more than one thousand dollars ($1,000) or not morethan one year in jail, or both.
(c) In any civil action alleging a violation of this section,the court may:
(1) Award punitive damages to a prevailing employee inaddition to any award of actual damages;
(2) Award reasonable attorneys' fees and costs to aprevailing employee; and
(3) Afford injunctive relief against any employer who commitsor proposes to commit a violation of this section.
(d) Nothing in this chapter shall be construed to impair oraffect the rights of individuals under chapter 5 of this title.
(e) Nothing in this chapter shall be construed to:
(1) Prohibit or apply to the testing of drivers regulatedunder 49 C.F.R. § 40.1 et seq and 49 C.F.R. part 382 if that testing isperformed pursuant to a policy mandated by the federal government; or
(2) Prohibit an employer in the public utility or masstransportation industry from requiring testing otherwise barred by this chapterif that testing is explicitly mandated by federal regulation or statute as acondition for the continued receipt of federal funds.