Indiana Code 22-9-5-24. Alcohol and illegal use of drugs; prohibitions; requisites; testing
(1) Prohibit the illegal use of drugs and the use of alcohol at the workplace by all employees.
Terms Used In Indiana Code 22-9-5-24
- commission: refers to the civil rights commission. See Indiana Code 22-9-5-3
- covered entity: means an employer, an employment agency, a labor organization, or a joint labor-management committee. See Indiana Code 22-9-5-4
- drug: means a controlled substance (as defined in schedules I through V of Section 202 of the Controlled Substances Act 21 U. See Indiana Code 22-9-5-8
- employee: means an individual employed by an employer. See Indiana Code 22-9-5-9
- illegal use of drugs: means the use of drugs the possession or distribution of which is unlawful under the Controlled Substances Act. See Indiana Code 22-9-5-6
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
(3) Require that employees behave in conformance with the requirements established under the Drug-Free Workplace Act of 1988 (41 U.S.C. § 8101 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:
(A) employees comply with the standards established in the regulations of the United States Department of Defense 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 (as defined in the regulations of the United States Department of Defense);
(B) employees comply with the standards established in the regulations of the United States Nuclear Regulatory Commission 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 (as defined in the regulations of the United States Nuclear Regulatory Commission); and
(C) employees comply with the standards established in the regulations of the United States Department of Transportation if the employees of the covered entity are employed in a transportation 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 (as defined in the regulations of the United States Department of Transportation).
(b) For purposes of this chapter, a test to determine the illegal use of drugs shall not be considered a medical examination.
(c) Nothing in this chapter shall be construed to encourage, prohibit, or authorize the conducting of drug testing for the illegal use of drugs by job applicants or employees or making employment decisions based on the test results.
(d) Nothing in this chapter shall be construed to encourage, prohibit, restrict, or authorize the otherwise lawful exercise by entities subject to the jurisdiction of the United States Department of Transportation of authority to:
(1) test employees in, and applicants for, positions involving safety sensitive duties for the illegal use of drugs and for on duty impairment by alcohol; and
(2) remove those persons who test positive for illegal use of drugs and on duty impairment by alcohol under subdivision (1) from safety sensitive duties in implementing subsection (c).
As added by P.L.111-1992, SEC.4. Amended by P.L.7-2015, SEC.46.