I move that Engrossed Senate Bill 359 be amended to read as follows:
Page 4, line 1, begin a new paragraph and insert:
SECTION 2. IC 4-13-18 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2006]:
Chapter 18. Drug Testing of Employees of Public Works
Contractors
Sec. 1. This chapter applies only to a public works contract
awarded after June 30, 2006.
Sec. 2. As used in this chapter, "bid" includes a quotation.
Sec. 3. (a) As used in this chapter, "contractor" refers to a
person who:
(1) submits a bid to do work under a public works contract;
or
(2) does any work under a public works contract.
(b) The term includes a subcontractor of a contractor.
Sec. 4. As used in this chapter, "public works contract" refers
to any of the following:
(1) A public works contract covered by IC 4-13.6.
(2) A public works contract covered by IC 5-16 and entered
into by a state agency.
(3) A state highway contract covered by IC 8-23-9.
Sec. 5. (a) A solicitation for a public works contract must
require each contractor that submits a bid for the work to submit
with the bid a written plan for a program to test the contractor's
employees for drugs.
(b) A public works contract may not be awarded to a
contractor whose bid does not include a written plan for an
employee drug testing program that complies with this chapter.
Sec. 6. (a) A contractor's employee drug testing program must
satisfy all of the following:
(1) Each of the contractor's employees must be subject to a
drug test at least one (1) time each year.
(2) Subject to subdivision (1), the contractor's employees
must be tested randomly. At least two percent (2%) of the
contractor's employees must be randomly selected each
month for testing.
(3) The program must contain at least a five (5) drug panel
that tests for the following:
(A) Amphetamines.
(B) Cocaine.
(C) Opiates (92000 ng/ml).
(D) PCP.
(E) THC.
(4) The program must impose progressive discipline on an
employee who fails a drug test. The discipline must have at
least the following progression:
(A) After the first positive test, an employee must be:
(i) suspended from work for thirty (30) days;
(ii) directed to a program of treatment or
rehabilitation; and
(iii) subject to unannounced drug testing for one (1)
year, beginning the day the employee returns to
work.
(B) After a second positive test, an employee must be:
(i) suspended from work for ninety (90) days;
(ii) directed to a program of treatment or
rehabilitation; and
(iii) subject to unannounced drug testing for one (1)
year, beginning the day the employee returns to
work.
(C) After a third or subsequent positive test, an
employee must be:
(i) suspended from work for one (1) year;
(ii) directed to a program of treatment or
rehabilitation; and
(iii) subject to unannounced drug testing for one (1)
year, beginning the day the employee returns to
work.
The program may require dismissal of the employee after
any positive drug test or other discipline more severe than is
described in this subdivision.
(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 employer provided insurance.
(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. 7. (a) The public works contract must provide for the
following:
(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
section.
(Reference is to ESB 359 as printed February 21, 2006.)