Drug Testing Law Summaries

15-8600 Indiana, Drug Testing Law Summaries

Indiana's drug testing law is located in the Indiana Statutes Annotated at Title 22, Article 9, Chapter 5. There are also provisions for child care workers and employees of public works contractors (P.L. 160 (S. 359), L. 2006, applicable to public works contracts awarded after June 30, 2006). The full text of the law is available beginning at Wages-Hours 15-53,001 ).

DEFINITIONS

Illegal use of drugs. --the use of drugs the possession or distribution of which is unlawful under the federal Controlled Substances Act. The term does not include the use of a drug taken under the supervision of a licensed health care professional or another use authorized by the federal Controlled Substances Act or other provisions of federal law (Sec. 22-9-5-6).

WHAT THE EMPLOYER MUST DO

A person, employer, employment agency, labor organization or joint labor-management committee may adopt or administer reasonable drug testing policies or procedures designed to ensure that an individual who has successfully completed a supervised drug rehabilitation program or who has otherwise been rehabilitated successfully or who is participating in a supervised rehabilitation program is no longer engaging in the illegal use of drugs (Sec. 22-9-5-6).

An employer, employment agency, labor organization or joint labor-management committee may do the following (Sec. 22-9-5-24(a)):

(1) prohibit the illegal use of drugs and the use of alcohol at the workplace by all employees.

(2) require that employees not be under the influence of alcohol or be engaging in the illegal use of drugs at the workplace.

(3) require that employees behave in conformance with the requirements established under the federal Drug-Free Workplace Act of 1988 (see EMPLOYMENT RELATIONS 5699 et seq. ).

(4) hold an employee who engages in the illegal use of drugs or who is an alcoholic to the same qualification standards for employment or job performance and behavior that the entity holds other employees, even if the unsatisfactory job performance or behavior is related to the drug use or alcoholism of the employee.

(5) with respect to federal regulations regarding alcohol and the illegal use of drugs, require that employees comply with the standards established in the regulations of the United States Department of Defense, Nuclear Regulatory Commission or Department of Transportation, if the employees of the covered entity are employed in an industry subject to those regulations, including complying with regulations, if any, that apply to employment in sensitive positions in the industry, in the case of employees of the covered entity who are employed in those positions.

Child care providers. --A child care provider shall, at no expense to the state, maintain and make available to the division upon request a copy of drug testing results for an individual who is employed or volunteers as a caregiver at the facility where the provider operates a child care program. The drug testing results must be obtained before the individual is employed or allowed to volunteer as a caregiver (Sec. 12-17.2-3.5-12.1, as amended by H. 1132, L. 2004).

This provision also applies to child care centers and child care homes (Secs. 12-17.2-4-3.5 and 12-17.2-5-3.5, as amended by H. 1132, L. 2004).

POLICIES

Child care providers. --A child care provider that is not a child care ministry or a child care center shall maintain a written policy specifying the following (Sec. 12-17.2-3.5-12.1, as amended by S. 151, L. 2006, enacted March 13, 2006):

(1) that the use of tobacco, alcohol or a potentially toxic substance in a manner other than the substance's intended purpose and use or possession of an illegal substance is prohibited in the facility where the provider operates a child care program when child care is being provided.

(2) that drug testing of individuals who serve as caregivers will be (a) performed based on a protocol established or approved by the division; and (b) required if an individual is suspected of noncompliance with the requirements specified under item (1) just above.

A provider that is a child care ministry or a child care center shall maintain a written policy specifying the following (Sec. 12-17.2-3.5-12.1, as amended by S. 151, L. 2006, enacted March 13, 2006):

(1) that the use of tobacco or a potentially toxic substance in a manner other than the substance's intended purpose and use or possession of alcohol or an illegal substance is prohibited in the facility where the provider operates a child care program when child care is being provided.

If the drug testing results obtained as described in this section indicate the presence of a prohibited substance, or if an individual refuses to submit to a drug test, the provider is ineligible to receive a voucher payment until the individual is suspended or terminated from employment or volunteer service at the facility or no longer resides with the provider (Sec. 12-17.2-3.5-12.1, as amended by H. 1132, L. 2004).

A provider that suspends an individual as described just above shall maintain a written policy providing for reinstatement of the individual following rehabilitation and drug testing results that are negative for a prohibited substance (Sec. 12-17.2-3.5-12.1, as amended by H. 1132, L. 2004).

Similar provisions also apply to child care centers and child care homes (Secs. 12-17.2-4-3.5 and 12-17.2-5-3.5, as amended by H. 1132, L. 2004).