FT 12.16 – Drug Screening Reform Act (Awaiting signature)

[Unconditional Surrender Truman]

AN ACT
Relating to employment; prohibiting the denial of employment due to the presence of marijuana in a screening test taken by a prospective employee with certain exceptions; authorizing an employee to rebut the results of a screening test under certain  circumstances; and providing other matters properly relating thereto.

Section 1: Title

This legislation may be cited as the Drug Screenings Reform Act.

Section 2.

Except as otherwise specifically provided by law:

1. It is unlawful for any employer in this Commonwealth to fail or refuse to hire a  prospective employee because the prospective employee submitted to a screening  test  and  the results of the screening test indicate the presence of marijuana.

2. The provisions of subsection 1 do not apply if the prospective employee is applying for a position:

(a) As a firefighter

(b) As an emergency medical technician

(c) That requires an employee to operate a motor vehicle and for which  federal or state law  requires the employee to submit to screening tests; or

(d) That, in the determination of the employer, could adversely affect the safety of others.

3. If an employer requires an employee to submit to a screening test within the first 30 days of employment, the employee shall have the right to submit to an additional screening test, at his
or  her  own  expense,  to  rebut  the  results  of  the  initial  screening test.  The employer shall accept and give appropriate consideration to the results of such a screening test.

Section 3: Exceptions

The provisions of this section do not apply:

(a) To the extent that they are inconsistent or otherwise in conflict with the provisions of an   employment contract or collective bargaining agreement.

(b) To the extent that they are inconsistent or otherwise in conflict with the provisions of federal law.

(c) To a position of employment funded by a federal grant.

Section 4: Definition of "screening test"

1. As used in this section, “screening test” means a test of a person’s blood, urine, hair or saliva to detect the general presence of a controlled substance or any other drug.

Section 5: Enactment

1. This act becomes effective on January 1, 2020.

Sponsor: Scott, FM

The first minister has the floor.

[Unconditional Surrender Truman]

This legislation has my full support. Denying employment to someone for engaging in legal activities that pose no threat to public safety in that setting is bad, and as this bill does not limit the ability of employers to dismiss employees whose marijuana use has an adverse effect on their job performance (just as they could fire an alcoholic), I see no reason to oppose the measure.

[Unconditional Surrender Truman]

Seeing no objection (?), the amendment is adopted.

[Unconditional Surrender Truman]

Seeing no objection, the amendment to strike §2(iii) is adopted. The bill as it now stands:

AN ACT
Relating to employment; prohibiting the denial of employment due to the presence of marijuana in a screening test taken by a prospective employee with certain exceptions; authorizing an employee to rebut the results of a screening test under certain  circumstances; and providing other matters properly relating thereto.

Section 1: Title

This legislation may be cited as the Drug Screenings Reform Act.

Section 2.

Except as otherwise specifically provided by law:

1. It is unlawful for any employer in this Commonwealth to fail or refuse to hire a  prospective employee because the prospective employee submitted to a screening  test  and  the results of the screening test indicate the presence of marijuana.

2. The provisions of subsection 1 do not apply if the prospective employee is applying for a position:

(a) As a firefighter

(b) As an emergency medical technician

(c) That requires an employee to operate a motor vehicle and for which  federal or state law  requires the employee to submit to screening tests; or

(d) That, in the determination of the employer, could adversely affect the safety of others.

Section 3: Exceptions

The provisions of this section do not apply:

(a) To the extent that they are inconsistent or otherwise in conflict with the provisions of federal law.

(b) To a position of employment funded by a federal grant.

Section 4: Definition of "screening test"

1. As used in this section, “screening test” means a test of a person’s blood, urine, hair or saliva to detect the general presence of a controlled substance or any other drug.

Section 5: Enactment

1. This act becomes effective on January 1, 2020.

[Unconditional Surrender Truman]

Minor housekeeping:

AN ACT
Relating to employment; prohibiting the denial of employment due to the presence of marijuana in a screening test taken by a prospective employee with certain exceptions; authorizing an employee to rebut the results of a screening test under certain  circumstances; and providing other matters properly relating thereto.

Section 1: Title & Definitions

1. This legislation may be cited as the Drug Screenings Reform Act.
2. As used in this Act, “screening test” means a test of a person’s blood, urine, hair or saliva to detect the general presence of a controlled substance or any other drug.

Section 2.

Except as otherwise specifically provided by law:

1. It is unlawful for any employer in this Commonwealth to fail or refuse to hire a  prospective employee because the prospective employee submitted to a screening  test  and  the results of the screening test indicate the presence of marijuana.

2. The provisions of subsection 1 do not apply if the prospective employee is applying for a position:

(a) As a firefighter

(b) As an emergency medical technician

(c) That requires an employee to operate a motor vehicle and for which  federal or state law  requires the employee to submit to screening tests; or

(d) That, in the determination of the employer, could adversely affect the safety of others.

Section 3: Exceptions

The provisions of this section Act do not apply:

(a) To the extent that they are inconsistent or otherwise in conflict with the provisions of federal law.

(b) To a position of employment funded by a federal grant.

Section 4: Definition of "screening test"

1. As used in this section, “screening test” means a test of a person’s blood, urine, hair or saliva to detect the general presence of a controlled substance or any other drug.

Section 5: Enactment

1. This act becomes effective on January 1, 2020.

[Unconditional Surrender Truman]

Seeing no objection, the amendment is adopted.

I move for a final vote. Members have 24 hours to object.

[Unconditional Surrender Truman]

Seeing no objection, we will proceed to a vote. Members will vote Aye, Nay, or abstain. Voting will last 48 hours or until all members have voted.


Aye.

[Unconditional Surrender Truman]

With four votes in favor and one member not voting, the resolution passes.