Summary of Law(s) and Regulation(s):
The State amended its policy for the employer practice of unannounced drug and alcohol testing. Employers may conduct unannounced drug or alcohol tests on employees selected from three pools. The first pool consists of the entire employee population at a particular worksite of the employer, except for employees not subject to testing pursuant to a collective bargaining agreement, those who are not scheduled to be at work at the time the testing is to be conducted because of their status (for example, those on annual or sick leave and those in training), and those who have been excused from work pursuant to the employer's work policy prior to the time the testing is announced to the employees. The second pool consists of the entire full-time active employee population at a particular worksite, minus those exempt because of a collective bargaining agreement, those not scheduled to be at work at the time testing is conducted because of their status, and those who have been excused from work pursuant to the employer's work policy. The final pool consists of all employees at a particular work-site who are in a pool of employees in a safety-sensitive position and who are scheduled to be at work at the time testing is conducted, other than employees not subject to testing pursuant to a collective bargaining agreement or employees who are not scheduled to be at work at the time testing is to be conducted or who have been excused from work pursuant to the employer's work policy prior to the time the testing is announced to the employees.