Sec. 12. (a) If an employer complies with the requirements under this chapter, the employer is not liable for a civil action alleging negligent hiring for a negligent action by the employee as a result of the employee’s drug addiction in the scope of employment.

     (b) Referral and treatment by an employee assistance program is not sufficient to constitute compliance with this chapter unless all the other requirements of this chapter are met.

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Terms Used In Indiana Code 12-23-23-12

  • employee: means an individual who:

    Indiana Code 12-23-23-1

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
     (c) In a civil action that is against an employer, an employer’s agent, or an employer’s employee, an employer’s participation in a drug education or addiction treatment program is not admissible as evidence.

As added by P.L.195-2018, SEC.9. Amended by P.L.246-2019, SEC.5.