LD 1361
pg. 4
Page 3 of 8 An Act To Enhance Workplace Safety and Health through Substance Abuse Testing a... Page 5 of 8
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LR 1295
Item 1

 
(i)__For employees with fewer than 2 full years
of service prior to the confirmed positive
test, 1/2 of the cost up to $250;

 
(ii)__For employees with 2 to 5 full years of
service prior to the confirmed positive test,
1/2 of the cost up to $500;

 
(iii)__For employees with 6 to 15 full years
of service prior to the confirmed positive
test, 1/2 of the cost up to $1,000; and

 
(iv)__For employees with over 15 full years
of service prior to the confirmed positive
test, 1/2 of the cost up to $2,000.

 
This requirement does not apply to municipalities
or other political subdivisions of the State or to
any employer when the employee is tested because
of the alcohol and controlled substance testing
mandated by the federal Omnibus Transportation
Employee Testing Act of 1991, Public Law 102-143,
Title V.__If necessary, the employer shall assist
in financing the cost share of the employee
through a payroll deduction plan.

 
(b) Except to the extent that costs are covered
by a group health insurance plan, an employer with
20 or fewer full-time employees, a municipality or
other political subdivision of the State is not
required to pay for any costs of rehabilitation or
treatment under any public or private
rehabilitation program. An employer is not
required to pay for the costs of rehabilitation if
the employee was tested because of the alcohol and
controlled substance testing mandated by the
federal Omnibus Transportation Employee Testing
Act of 1991, Public Law 102-143, Title V.

 
(2) No An employer may not take any action described in
paragraph A while an employee is participating in a
rehabilitation program, except as provided in subparagraph (2-A)
and except that an employer may change the employee's work
assignment or suspend the employee from active duty to reduce any
possible safety hazard. Except as provided in subparagraph (2-
A), an employee's pay or benefits may not be reduced while an
employee is participating in a rehabilitation program,


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