The Employee Drug Test Protection Act

EMPLOYEE DRUG TEST PROTECTION ACT


An Act

To prevent the denial of employment opportunities by prohibiting the use of drug tests by employers involved in or affecting interstate commerce.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the Employee Drug Test Protection Act
SECTION 2. DEFINITIONS.
(a) As used in this Act:
(1) CommerceThe term commerce has the meaning provided by section 3 (b) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(b)).
(2) EMPLOYER-The term employer includes any person acting directly or indirectly in the interest of an employer in relation to an employee or prospective employee.
(3) DRUG TEST.-The term Drug Test includes any urine, blood, hair, saliva, or sweat analysis or any other screening method that is used, or the results of which are used, for the purpose of rendering a diagnostic opinion regarding the past or present sobriety, legal drug use or illicit drug use of an individual.
(4) SECRETARY.-The term Secretary means the secretary of Labor.
(5) SUPPORTABLE SUSPICION.- a set of objective and specific direct observations or facts which logically lead to suspicion that an employee is under the influence of intoxicating substances.
(A) LIMITATIONS.- hearsay, any criminal or civil records, any previous medical or drug test information can not be used to establish supportable suspicion.
(B) WITNESSES,- There must be at least two individuals who directly witness any behavior used to establish supportable suspicion.
SECTION 3. PROHIBITIONS ON DRUG TEST USE.
Except as provided in sections 7 and 8, it shall be unlawful for any employer engaged in or affecting commerce or in the production of goods for commerce
(1) to directly or indirectly, require, request, suggest, or cause any employee or prospective employee to take or submit to any drug test;
(2) to use, accept, refer to, or inquire concerning the results of any drug test of any employee or prospective employee;
(3) to discharge, discipline, discriminate against in any manner, or deny employment or promotion to, or threaten to take any such action against
(A) any employee or prospective employee who refuses, declines, or fails to take or submit to any drug test, or
(B) any employee or prospective employee on the basis of the results of any drug test or
(4) to discharge, discipline, discriminate against in any manner, or deny employment or promotion to, or threaten to take any such action against, any employee or prospective employee because-
(A) such employee or prospective employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this Act,
(B) such employee or prospective employee has testified or is about to testify in any such proceeding, or
(C) of the exercise by such employee or prospective employee, on behalf of such employee or another person, of any right afforded by this Act.
SECTION 4. NOTICE OF PROTECTION.
The Secretary shall prepare, have printed, and distribute a notice setting forth excerpts from, or summaries of, the pertinent provisions of this Act. Each employer shall post and maintain such notice in conspicuous places on its premises where notices to employees
and applicants to employment are customarily posted.
SECTION 5. AUTHORITY OF THE SECRETARY.
(a) IN GENERAL.The secretary shall
(1) issue such rules and regulations as may be necessary or appropriate to carry out this Act;
(2) cooperate with regional, State, local, and other agencies, and cooperate with and furnish technical assistance to employers, labor organizations, and employment agencies to aid in effectuating the purposes of this Act; and
(3) make investigations and inspections and require the keeping of records necessary or appropriate for the administration of this Act.
(b) SUBPOENA AUTHORITY.-For the purpose of any hearing or investigation under this Act, the Secretary shall have the authority contained in sections 9 and 10 of the Federal Trade Commission Act (15 U.S.C. 49 and 50).
SECTION 6. ENFORCEMENT PROVISIONS.
(a) CIVIL PENALTIES.
(1) IN GENERAL.- Subject to paragraph (2), any employer who violates any provision of this Act may be assessed a civil penalty of not more than $100,000.
(2) DETERMINATIONOF AMOUNT.- In determining the amount of any penalty under paragraph (1), the Secretary shall take into account the previous record of the person in terms of compliance with this Act and the gravity of the violation.
(3) COLLECTION.-Any civil penalty assessed under this subsection shall be collected in the same manner as is required by subsections (b) through (e) of section 503 o...