HB 2397 -- Drug and Alcohol Testing of Certain Construction
Employees

Sponsor:  Funderburk

This bill requires any entity that provides construction services
under contract on the property of a public or private school or
university or any state-owned building to have an approved drug
and alcohol testing program in place before any work on the
project begins.  An employer may contract with a third party to
administer the program.

With the submission of a bid, the contractor must provide a
statement stipulating that he or she and each subcontractor or
agent who will work on the project has an approved testing policy
in place.

Before testing, the employer must provide the employee with a
written policy statement explaining the employee's rights to
challenge any positive result and to provide relevant information
including any prescription or nonprescription drugs that he or
she is currently using or has recently used.

An employee is not allowed to work on a project unless he or she
has tested negative within 12 months of the start date of the
project.  After the project commences, the employer can require
an employee to submit to testing if the employer has a reasonable
belief that the employee is using drugs in violation of the
employer's policies.  After an employee begins work on a project,
the employer must require the employee to submit to random
testing in an objective, neutral, and nondiscriminatory manner
that is spread out throughout the life of the project.  The
testing must be performed by a certified laboratory and conducted
in accordance with scientific and technical guidelines
established by the Substance Abuse and Mental Health Services
Administration of the United States Department of Health and
Human Services for those laboratories.  The bill specifies the
minimum types and levels of drugs which must be tested for.

Employers are required to inform an employee of the nature and
consequences of a positive test result as well as the employee's
options.  The employee can request a retest of the specimen by a
certified laboratory chosen by the employee.  The employee is
required to pay the cost of any retesting but can be reimbursed
if the retest yields a negative result.   An employer must
compensate an employee for his or her time in taking the test.

An employee who refuses to be tested or who tests positive is not
permitted to work on the project until he or she tests negative
for the presence of drugs or alcohol.  An employee who tests
positive more than once is completely barred from working on the
project.  An employer who knowingly allows an employee to work in
violation of the testing policy may be fined up to $200,
imprisoned for up to six months, or both.  Each day that a
violation continues is a separate offense.

An employer with an equivalent alcohol and drug testing program
that has been in existence since January 1, 2005, and meets
certain specified criteria is not subject to the requirements of
the bill.

Missouri House of Representatives
94th General Assembly, 2nd Regular Session
Last Updated October 15, 2008 at 3:12 pm