HB 1608-4_ Filed 02/15/2007, 10:27 Vanhaaften

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    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______





    I move that House Bill 1608 be amended to read as follows:

SOURCE: Page 3, line 3; (07)MO160802.3. -->     Page 3, line 3, delete "collective bargaining" and insert " collectively bargained".
    Page 3, line 4, delete "agreement establishes an".
    Page 3, line 4, delete "that" and insert " satisfies the requirements listed in section 10 of this chapter.".
    Page 3, delete lines 5 through 22.
    Page 3, line 32, delete "program" and insert " policy".
    Page 3, delete lines 34 through 39, begin a new line block indented and insert:
        " (1) The contractor's employees must be randomly selected for unannounced testing. All employees must be included in the pool from which names randomly are selected for unannounced drug tests. A contractor must either:
            (A) test not less than two percent (2%) of the contractor's employees each month; or
            (B) participate in a collectively bargained multi-employer substance abuse testing program in which the number of random drug tests administered each year totals not less than twenty-five percent (25%) of the reported employees in the multi-employer pool.
    Page 3, line 40, delete "(3)" and insert " (2)".
    Page 4, delete lines 5 through 32, begin a new line block indented and insert:
        " (3) The program imposes disciplinary measures on an

employee who fails a drug test. The disciplinary measures must include, at a minimum, all of the following:
            (A) The employee is subject to suspension or immediate termination from employment.
            (B) The employee is not eligible for reinstatement to employment until the employee tests negative on a five (5) drug panel test certified by a medical review officer.
            (C) The employee is subject to unscheduled sporadic testing for not less than one (1) year after reinstatement to employment.
            (D) The employee successfully completes a rehabilitation program recommended by a substance abuse professional if the employee fails more than one (1) drug test.
        (4) After June 30, 2009, a contractor's drug testing policy must contain the additional requirement that a construction employee:
            (A) must have successfully passed an initial or pre-employment drug test; and
            (B) possess an identification card from the drug testing program that indicates that the employee         is available for work;
        before being eligible to work for the contractor. For a contractor participating in a collectively bargained substance abuse testing program, this requirement is satisfied if the pre-employment drug test is conducted as a part of that program.
    (Reference is to HB 1608 as printed February 9, 2007.)


Representative Van Haaften

MO160802/DI 96     2007