SB357 SFA Romano 2-9 #1

Baker x7816

Senator Romano moved to amend the bill on pages sixty-four through sixty-six, section one, lines fifty-six through one hundred nine, by striking out all of subsection (c) and inserting in lieu thereof a new subsection, designated subsection (c), to read as follows:

(c) (1) Every employer, regardless of whether the employer has entered into a collective bargaining agreement with its employees, shall notify the director, on a form prescribed by the director, within seven days of any of the following:

(A) A positive drug or alcohol test of a certified person, whether it be a preemployment test, random test, reasonable suspicion test or post-accident test. However, for purposes of determining whether a drug test is positive, the certified employee may not rely on a prescription dated more than one year prior to the date of the drug test result;

(B) The refusal of a certified person to submit a sample;

(D) A certified person submitting a substituted sample or an adulterated sample.

(2) When the employer submits the completed notification form prescribed by the director, the employer shall also submit a copy of the laboratory test results showing the substances tested for and the results of the test.

(3) Notice shall result in the immediate temporary suspension of all certificates held by the certified person who failed the screening, pending a hearing before the board of appeals pursuant to section two of this article: Provided, That all employees shall have the right to appeal the decision of the board of appeals to a neutral arbitrator for a de novo hearing and any decision of the board of appeals shall not become final unless and until the arbitration is concluded and the decision is upheld. Following the decision of the arbitrator, the employee retains judicial review rights granted in section four, article five, chapter twenty-nine-a of this code.

Adopted

Rejected