Testing or retesting for the presence of drugs or alcohol by an employer shall be carried out within the terms of a written policy which has been distributed to employees and is available for review by prospective employees.
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Within the terms of his written policy, an employer may require the collection and testing of samples for the following purposes:
(a)
investigation of possible individual employee impairment;
(b)
investigation of accidents in the workplace or incidents of workplace theft;
(c)
maintenance of safety for employees or the general public; or
(d)
maintenance of productivity, quality of products or services, or security of property or information.
(3)
The collection and testing of samples shall be conducted in accordance with Sections 34-38-4, 34-38-5, and 34-38-6, and need not be limited to circumstances where there are indications of individual, job-related impairment of an employee or prospective employee.
(4)
The employer’s use and disposition of all drug or alcohol test results are subject to the limitations of Sections 34-38-8 and 34-38-13.
