§ 28-6.5-2 - Testing of prospective employees.
SECTION 28-6.5-2
§ 28-6.5-2 Testing of prospectiveemployees. – (a) Except as provided in subsections (b) and (c) of this section, an employermay require a job applicant to submit to testing of his or her blood, urine orany other bodily fluid or tissue if:
(1) The job applicant has been given an offer of employmentconditioned on the applicant's receiving a negative test result;
(2) The applicant provides the test sample in private,outside the presence of any person; and
(3) Positive tests of urine, blood, or any other bodily fluidor tissue are confirmed by a federal certified laboratory by means of gaschromatography/mass spectrometry or technology recognized as being at least asscientifically accurate.
(b) The pre-employment drug testing authorized by thissection shall not extend to job applicants for positions with any agency orpolitical subdivision of the state or municipalities, except for applicantsseeking employment as a law enforcement or correctional officer, firefighter,or any other position where that testing is required by federal law or requiredfor the continued receipt of federal funds.
(c) An employer shall not be required to comply with theconditions of testing under subsection (a) of this section to the extent theyare inconsistent with federal law.