Current Status Introducing Body:
HouseBill Number: 3491Primary Sponsor: NeilsonCommittee Number: 11Type of Legislation: GBSubject: Drug and Alcohol Testing of State EmployeesResiding Body: SenateCurrent Committee: JudiciaryComputer Document Number: DKA/4077AL.93Introduced Date: 19930211Date of Last Amendment: 19940428Last History Body: SenateLast History Date: 19940503Last History Type: Introduced, read first time, referred to CommitteeScope of Legislation: StatewideAll Sponsors: Neilson Quinn Govan Cobb-Hunter G. Brown Sturkie Hutson Holt Harwell Richardson McLeod Hines Breeland Canty Shissias Davenport Fair Trotter Harrell Chamblee McMahand Allison Vaughn Wright Inabinett Gonzales Harrison Corning Lanford Walker Meacham D. Wilder StoneType of Legislation: General Bill
Bill Body Date Action Description CMN Leg Involved ____ ______ ____________ ______________________________ ___ ____________ 3491 Senate 19940503 Introduced, read first time, 11 referred to Committee 3491 House 19940429 Read third time, sent to Senate 3491 House 19940428 Amended, read second time, unanimous consent for third reading on next Legislative day 3491 House 19940427 Debate adjourned 3491 House 19940413 Committee Report: Favorable 26 with amendment 3491 House 19930211 Introduced, read first time, 26 referred to CommitteeView additional legislative information at the LPITS web site.
April 28, 1994
Introduced by REPS. Neilson, Quinn, Govan, Cobb-Hunter, G. Brown, Sturkie, Hutson, Holt, Harwell, Richardson, McLeod, Hines, Breeland, Canty, Shissias, Davenport, Fair, Trotter, Harrell, Chamblee, McMahand, Allison, Vaughn, Wright, Inabinett, Gonzales, Harrison, Corning, Lanford, Walker, Meacham, D. Wilder and Stone
S. Printed 4/28/94--H.
Read the first time February 11, 1993.
TO AMEND TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC OFFICES AND EMPLOYEES BY ADDING CHAPTER 10 SO AS TO AUTHORIZE CERTAIN DRUG AND ALCOHOL TESTING OF PROSPECTIVE STATE EMPLOYEES.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 8 of the 1976 Code is amended by adding:
Section 8-10-10. This chapter may be cited as the South Carolina Prospective Employee Drug Testing Act.
Section 8-10-20. As used in this chapter:
(1) `Drugs' means any substance described in Schedules I through V, as contained in Chapter 44 of Title 53;
(2) `Employer' means the State of South Carolina and any of its agencies and departments;
(3) `Prospective employee' means a person who has made application to an employer, whether written or oral, to become an employee;
(4) `Sample' means urine, blood, breath, saliva, or hair.
Section 8-10-30. An employer may test prospective employees for the presence of drugs, in accordance with the provisions of this chapter, when the prospective employee is offered a particular position before the final hiring selection is made. Written notice that a prospective employee may be subject to testing for the presence of drugs must be given to the prospective employee at the time of application.
Section 8-10-40. An employer may require samples from his prospective employees and may require presentation of reliable identification to the person collecting the samples. Collection of the sample must be in conformance with the requirements of this chapter and enough sample must be taken for the initial test of the employer and a confirmation test if desired by the prospective employee. The employer may designate the type of sample to be used for this testing.
Section 8-10-50. An employer shall pay all costs of the initial testing for drugs required by the employer, and the prospective employee, if he desires confirmation testing or retesting in the manner provided by this chapter, shall pay the costs of retesting.
Section 8-10-60. All sample collection and testing for drugs under this chapter must be performed in accordance with the following conditions:
(1) The collection of samples must be performed under reasonable, dignified, and sanitary conditions.
(2) Sample collections must be documented, and documentation procedures include:
(a) labeling of samples to preclude the probability of erroneous identification of test results;
(b) an opportunity for the prospective employee to provide notification of any information which may be considered as relevant to the test, including identification of currently or recently used prescriptions or nonprescription drugs, or other relevant medical information.
(3) Sample collection, storage, and transportation to the place of testing must be performed so as to preclude the probability of sample contamination or adulteration.
(4) Sample testing must comply with scientifically accepted analytical methods and procedures. Initial testing and confirmation testing must be conducted at a laboratory approved or certified by the Department of Health and Environmental Control or any federal agency for this purpose. Testing must include verification or confirmation of positive test results by gas chromatography, gas chromatography-mass spectroscopy, or other comparably reliable analytical method before the result of a test may be used as a basis for an action by an employer.
Section 8-10-70. (A) The Budget and Control Board shall establish guidelines and model policies for the testing required by this chapter for use by state agencies and departments.
(B) Testing or retesting for the presence of drugs by an employer must be carried out within the terms of a written policy which is consistent with policies and guidelines established by the Budget and Control Board and which is available for review by prospective employees.
(C) Within the terms of the written policy, an employer may require the collection and testing of samples for the purpose of determining a prospective employee's ability to perform specified duties in the workplace efficiently and with safety for other employees and the general public.
(D) The employer's use and disposition of all drug test results are subject to the limitations of this chapter.
Section 8-10-80. Upon receipt of a verified or confirmed positive drug test result which indicates a violation of the employer's written policy, or upon the refusal of a prospective employee to provide a sample, an employer may use that test or refusal as the basis for refusal to hire the prospective employee.
Section 8-10-90. If the initial drug test of the prospective employee is positive, the prospective employee is entitled to require the employer to submit the remaining portion of the sample taken to an approved laboratory for a confirmation test. If the results of the confirmation test are also positive, the overall testing may be considered positive by the employer. If the results of the confirmation test are negative, then the results of that test are considered invalid, and another test from a different sample must be conducted if the prospective employee desires. The employer in this event may give no consideration to the results of the first test when determining whether or not to hire the prospective employee.
Section 8-10-100. No cause of action arises in favor of a person against an employer who has established a policy and initiated a testing program in accordance with this chapter for any of the following:
(1) failure to test for drugs or failure to test for a specific drug or other substance;
(2) failure to test for, or, if tested for, failure to detect, any specific drug or other substance, disease, infectious agent, virus, or other physical abnormality, problem, or defect of any kind; or
(3) termination or suspension of any drug or testing program or policy.
Section 8-10-110. (A) No cause of action arises in favor of a person against an employer who has established a program of drug testing in accordance with this chapter, unless the employer's action was based on a false test result.
(B) In a claim, including a claim under this chapter, where it is alleged that an employer's action was based on a false test result:
(1) it is permissible to infer that the test result was valid if the employer complied with the provisions of this chapter; and
(2) the employer is not liable for monetary damages if his reliance on a false test result was reasonable and in good faith.
Section 8-10-120. No cause of action for defamation of character, libel, slander, or damage to reputation arises in favor of a person against an employer who has established a program of drug testing in accordance with this chapter, unless:
(1) the results of that test were disclosed to a person other than the employer, an authorized employee or agent of the employer, or the tested prospective employee;
(2) the information disclosed was a false test result;
(3) the false test result was disclosed with malice; and
(4) all elements of an action for defamation of character, libel, slander, or damage to reputation, as established by statute or common law, are satisfied.
Section 8-10-130. No cause of action arises in favor of a person based upon the failure of an employer to establish a program or policy of drug testing.
Section 8-10-140. All information, interviews, reports, statements, memoranda, or test results received by the employer through his drug testing program are confidential communications and may not be used or received in evidence, obtained in discovery, or disclosed in any public or private proceeding, except in a proceeding related to an action taken by an employer under this chapter.
Section 8-10-150. Nothing in this chapter prohibits an agency or department of this State which has a drug testing program in existence on the effective date of this chapter from continuing such a program; provided, that the program is at a minimum equal to the provisions or requirements of this chapter and the guidelines and policies established by the Budget and Control Board pursuant to this chapter."
SECTION 2. This act takes effect upon approval by the Governor.