50-9-111 - Rules and regulations Guidelines for state testing program.
50-9-111. Rules and regulations Guidelines for state testing program.
(a) The commissioner of labor and workforce development is authorized to adopt rules, using the rules and guidelines adopted by the department of health and criteria established by the United States department of health and human services and the United States department of transportation as guidelines for modeling the state drug and alcohol testing program, concerning, but not limited to:
(1) Standards for licensing drug and alcohol testing laboratories and suspension and revocation of the licenses;
(2) Body specimens and minimum specimen amounts that are appropriate for drug or alcohol testing;
(3) Methods of analysis and procedures to ensure reliable drug or alcohol testing results, including the use of breathalyzers and standards for initial tests and confirmation tests;
(4) Minimum cut-off detection levels for alcohol, each drug or metabolites of the drug for the purposes of determining a positive test result;
(5) Chain-of-custody procedures to ensure proper identification, labeling and handling of specimens tested; and
(6) Retention, storage and transportation procedures to ensure reliable results on confirmation tests and retests.
(b) The commissioner of labor and workforce development is authorized to adopt relevant federal rules concerning drug and alcohol testing as a minimum standard for testing procedures and protections that the commissioner may exceed. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(c) The commissioner of labor and workforce development shall consider drug testing programs and laboratories operating as a part of the College of American Pathologists Forensic Urine Drug Testing Programs in issuing guidelines or promulgating rules relative to recognized authorities in drug testing.
(d) Prior to acting on the proposed rules to implement this chapter, the commissioner shall submit the proposed rules to the special joint committee on workers' compensation of the general assembly for its review and comment. The committee shall have forty-five (45) days to review the proposed rules and transmit any comment it may have to the commissioner.
(e) The commissioner is authorized to set education program requirements for drug-free workplaces by rules promulgated in accordance with the requirements of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The requirements shall not be more stringent than the federal requirements for workplaces regulated by the United States department of transportation rules.
[Acts 1996, ch. 944, § 50; 1997, ch. 533, §§ 7, 47, 48; 1999, ch. 520, § 41.]