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CCH® HR MANAGEMENT ó 01/03/06

States continue to refine drug testing procedures, requirements

Maine. The state amended its drug testing law with respect to the release of results of point of collection screening tests and confirmation tests (Ch. 443 (H. 944), L. 2005).

Minnesota. An employer may request or require employees to undergo drug and alcohol testing on a random selection basis only if (1) they are employed in safety-sensitive positions, or (2) they are employed as professional athletes if the professional athlete is subject to a collective bargaining agreement permitting random testing, but only to the extent consistent with the collective bargaining agreement (Ch. 133 (S. 1780), L. 2005).

Montana. The state enacted a law revising the workforce drug and alcohol testing program, which applies to all employers located in or doing business in Montana. The definition of "sample" has been revised to include oral fluid, and the criteria for a qualified testing program have also changed (H. 409, L. 2005).

New Hampshire. The state adopted the model Drug Dealer Liability Act, effective January 1, 2005 (Ch. 252 (S. 109), L. 2003).

North Carolina. Effective December 1, 2005, the employer of any employee who tests positive in a drug or alcohol test required under federal regulations shall notify the Division of Motor Vehicles in writing within five business days following the employer's receipt of confirmation of a positive drug test (H. 740, L. 2005).

South Dakota. The state enacted a law to provide for a drug screening program for certain facilities providing patient or resident care or supervision (H. 1095, L. 2005).

For additional information on this and other HR topics, consult CCH Human Resources Management or Personnel Practices/Communications.

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