Summary of Law(s) and Regulation(s):
The State Code was amended to require employees of public-works contractors to be tested for drugs. Solicitations for public-works contracts must require that each contractor include with its bid a written plan for testing its employees for drugs. Bids that lack such a plan may not be awarded the contract. A contractor's employee drug-testing program must satisfy the following criteria: (1) each employee is subject to a drug test at least once a year, (2) at least 2 percent of the contractor's employees are randomly selected each month for testing, (3) the program tests for a five-drug panel consisting of amphetamines, cocaine, opiates, phencyclidine (PCP), and tetrahydrocannabinol (THC), (4) the program imposes progressive discipline on any employee who fails a drug test, (5) the program may require the dismissal of any employee who tests positive on a drug test, and (6) the employer advises the employee of any program of treatment or rehabilitation covered by insurance provided by the employer. Collective bargaining agreements that include an employee drug-testing program meet the requirements of the Code if the following criteria are included: (1) the program calls for random testing of the employees, (2) the program tests for the aforementioned five-drug panel, (3) disciplinary measures are imposed if the employee fails the drug test, (4) the employee is subject to suspension or immediate termination upon failing a drug test, (5) the employee, if suspended, is not eligible for reinstatement until he or she tests negative for the five drugs on the panel, (6) the employee is subject to unscheduled sporadic testing for at least 1 year after reinstatement, and (7) any employee who fails more than one drug test must complete a rehabilitation program recommended by a substance abuse professional.
"Disability" and "illegal use of drugs" defined; illegal drug users; sexual behavior
Indiana Code Ann. 22-9-5-6 (1997)
Drug Dealer Liability
Indiana Code Ann. 34-24-4-1 to 34-24-4-14 (1998)
