February 16, 2007
HOUSE BILL No. 1608
DIGEST OF HB 1608
(Updated February 15, 2007 5:31 pm - DI 96)
Citations Affected: IC 4-13; IC 5-16; IC 36-1.
Synopsis: Drug testing of public works contractor's employees.
Reenacts the statute that requires the employees of public works
contractors to submit to drug testing so that the statute applies to public
works contracts of all public entities. Repeals the current drug testing
statute. Specifies requirements for a contractor's employees drug testing
program. Provides that a contract that complied with the current statute
is considered to comply with the new statute.
Effective: July 1, 2007.
January 23, 2007, read first time and referred to Committee on Labor and Employment.
February 8, 2007, amended, reported _ Do Pass.
February 15, 2007, read second time, amended, ordered engrossed.
February 16, 2007
First Regular Session 115th General Assembly (2007)
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HOUSE BILL No. 1608
A BILL FOR AN ACT to amend the Indiana Code concerning state
offices and administration.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 5-16-12; (07)HB1608.2.1. -->
SECTION 1. IC 5-16-12 IS ADDED TO THE INDIANA CODE AS
CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
Chapter 12. Drug Testing of Employees of Public Works
Sec. 1. (a) This chapter applies only to a public works contract
awarded after June 30, 2007.
(b) This chapter does not apply to a public works contract when
the estimated cost of the public works project is less than one
hundred fifty thousand dollars ($150,000).
(c) This chapter does not apply to a person who is subject to
drug testing requirements under IC 8-2.1-24-18.
Sec. 2. A public works contract awarded before July 1, 2007,
that complied with IC 4-13-18 (before its repeal), is considered to
comply with this chapter.
Sec. 3. As used in this chapter, "bid" includes a quotation.
Sec. 4. (a) As used in this chapter, "contractor" refers to a
(1) submits a bid to do work under a public works contract;
(2) does any work under a public works contract.
(b) The term includes a subcontractor of a contractor.
Sec. 5. As used in this chapter, "employee" means a person who
is employed by a contractor at the worksite of a public works
Sec. 6. As used in this chapter, "public money" means any
money raised by fees, taxes, or special assessments imposed by an
entity created by statute.
Sec. 7. As used in this chapter, "public works contract" refers
to a contract to perform a public works project.
Sec. 8. (a) As used in this chapter, "public works project" means
the construction, reconstruction, alteration, or renovation of a
public building, facility, or other structure that is paid for, in whole
or in part, from public money.
(b) The term includes any of the following:
(1) The construction, alteration, or repair of:
(A) a highway, street, alley, bridge, sewer, drain, or other
(B) a building, facility, or other structure leased by an
entity created by statute under a lease containing an option
(2) A project covered by any of the following:
(A) IC 4-13.6.
(B) IC 5-16.
(C) IC 5-23.
(D) IC 8-23-9.
(E) IC 36-1-12.
Sec. 9. (a) A solicitation for a public works contract must
require each contractor that submits a bid for the work to submit
with the bid:
(1) a statement that the contractor has an existing drug testing
program that complies with this chapter; or
(2) a statement that the contractor's drug testing program has
been prequalified under subsection (d).
(b) A public works contract may not be awarded to a contractor
(1) is not prequalified under subsection (d); or
(2) that does not submit within three (3) days after the bid
opening a written plan for an employee drug testing program
that complies with this chapter.
(c) A contractor that is subject to a collective bargaining
agreement complies with this chapter if the collectively bargained
employee drug testing program satisfies the requirements listed in
section 10 of this chapter. A copy of the relevant part of the
collective bargaining agreement constitutes a written plan under
this section. The contractor may use the employee drug testing
program included in the collective bargaining agreement to test its
own employees who are not members of the collective bargaining
(d) An agency that has a prequalification process for
contractors must require a contractor seeking a certificate of
qualification to demonstrate that the contractor maintains an
employee drug testing program that complies with this chapter.
Sec. 10. (a) A contractor's employee drug testing policy must
satisfy all of the following:
(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.
(2) The program must contain at least a five (5) drug panel
that tests for the following:
(C) Opiates (2000 ng/ml).
(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
(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
(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
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
(b) An employer complies with the requirement of subsection (a)
to direct an employee to a program of treatment or rehabilitation
if the employer does either of the following:
(1) Advises the employee of any program of treatment or
rehabilitation covered by insurance provided by the
(2) If the employer does not provide insurance that covers
drug treatment or rehabilitation programs, the employer
advises the employee of agencies known to the employer that
provide drug treatment or rehabilitation programs.
Sec. 11. (a) The public works contract must provide for the
(1) That the contractor implement the employee drug testing
program described in the contractor's plan.
(2) Cancellation of the contract by the agency awarding the
contract if the contractor:
(A) fails to implement its employee drug testing program
during the term of the contract;
(B) fails to provide information regarding implementation
of the contractor's employee drug testing program at the
request of the agency; or
(C) provides to the agency false information regarding the
contractor's employee drug testing program.
(b) The provisions of the public works contract relating to
cancellation of the contract by the agency awarding the contract
apply to cancellation of the public works contract under this
SOURCE: IC 36-1-12-15; (07)HB1608.2.2. -->
SECTION 2. IC 36-1-12-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 15.
(a) A contract by
the board for public work must conform to all of the following:
(1) The wage scale provisions of IC 5-16-7.
(b) A contract by the board for public work must conform with
(2) The antidiscrimination provisions of IC 5-16-6. The board
may consider a violation of IC 5-16-6 a material breach of the
contract, as provided in IC 22-9-1-10.
(3) The employee drug testing provisions of IC 5-16-12.
SOURCE: IC 4-13-18; (07)HB1608.2.3. -->
SECTION 3. IC 4-13-18 IS REPEALED [EFFECTIVE JULY 1,