Chemical Drug Testing & Workplace Testing in Connecticut

            1. Overview

            Under Connecticut law, an employer may give either current or prospective employees drug tests in very narrow situations. An employer can determine an employee’s eligibility for a promotion on the basis of a drug test if the employer gives the employee a urine test using reliable methodology and if it is a positive test, the results must be confirmed by a separate and independent test. Conn. Gen. Stat. § 31-51u. An employer may give a prospective employee a drug test if the following conditions are met: (1) the prospective employee is notified in writing of the drug test at the time of his or application for the position, (2) the first test is a urine test using reliable methodology and if that test is a positive, it is confirm by a second, independent test, and (3) the prospective employee is provided with the results of the test. Conn. Gen. Stat. § 31-51v. Furthermore, the results of this test must be kept confidential. Also, during either of these two types of tests, the employer cannot observe the employee or potential employee, and the results of any of these types of tests are inadmissible in any criminal proceeding. Conn. Gen. Stat. § 31-51w.

            An employer may give an employee a random drug test if the employer has “reasonable suspicion that the employee is under the influence of drugs or alcohol which adversely affects or could adversely affect such employee's job performance.” Conn. Gen. Stat. § 31-51x. An employer does not need reasonable suspicion to require a drug test of an employee if any of the following conditions are present: (1) federal law allows for the tests for that occupation, (2) the occupation is designated as high-risk or safety-sensitive occupation, (3) the employee operates a school bus, or (4) the testing is part of an employee assistance program in which the employee voluntarily participates.

            The designation of an occupation as a “high-risk” or “safety-sensitive” occupation results from either a request by an employer, or as a result an investigation by the Department of Labor. If the employer requests this designation for the purposes of instituting random drug testing, then the Department of Labor will conduct an investigation. Conn. Agencies Regs. § 31-51x-4. According to the Conn. Agencies Regs. § 31-51x-1, is an occupation which “(1) presents a clearly significant life threatening danger to the employed so occupied, his fellow employees, or the general public and is performed in a manner or place inherent with or inseparable from such danger, and (2) requires the exercise of discriminating judgment or high degree of care and caution, and (3) is separate from the ability to discern impaired or enhanced performance by direct supervision and is not reasonably subject to other valid and available means of observation and evaluation which would preclude the necessity of random urinalysis.” The full list of designated occupations is available below, and is published by the Department of Labor.
            As for federal laws that allow for drug testing, which thereby allows for drug testing in Connecticut, the most common is the law requiring drug tests for commercial drivers. Under 49 U.S.C. § 31306, the Secretary of Transportation can require drug testing for drivers of commercial motor vehicles in the following situations: preemployment, under reasonable suspicion by an employer, randomly, or post-accident investigation. The Secretary of Transportation can also require periodic recurring testing of drivers as well under this statute. Conn. Gen. Stat. § 14-276a(d) mirrors the federal statute, further codifying the requirements that commercial drivers submit to random testing.
            Under Conn. Gen. Stat. § 14-276a(d) and Conn. Gen. Stat. § 31-51x(b), school bus drivers are also subject to random tests. A school bus driver is also designated as a “high-risk or safety-sensitive” occupation, thereby making it very difficult to challenge any requirement of employment as a school bus driver to take random urine drug tests.

            2. Drug Tests at Work: Relevant Statutes

Conn. Gen. Stat. § 31-51u. Drug testing: Requirements

(a) No employer may determine an employee's eligibility for promotion, additional compensation, transfer, termination, disciplinary or other adverse personnel action solely on the basis of a positive urinalysis drug test result unless (1) the employer has given the employee a urinalysis drug test, utilizing a reliable methodology, which produced a positive result and (2) such positive test result was confirmed by a second urinalysis drug test, which was separate and independent from the initial test, utilizing a gas chromatography and mass spectrometry methodology or a methodology which has been determined by the Commissioner of Public Health to be as reliable or more reliable than the gas chromatography and mass spectrometry methodology.

(b) No person performing a urinalysis drug test pursuant to subsection (a) of this section shall report, transmit or disclose any positive test result of any test performed in accordance with subdivision (1) of subsection (a) of this section unless such test result has been confirmed in accordance with subdivision (2) of said subsection (a).

 

Conn. Gen. Stat. § 31-51v. Drug testing: Prospective employees

No employer may require a prospective employee to submit to a urinalysis drug test as part of the application procedure for employment with such employer unless (1) the prospective employee is informed in writing at the time of application of the employer's intent to conduct such a drug test, (2) such test is conducted in accordance with the requirements of subdivisions (1) and (2) of subsection (a) of section 31-51u and (3) the prospective employee is given a copy of any positive urinalysis drug test result. The results of any such test shall be confidential and shall not be disclosed by the employer or its employees to any person other than any such employee to whom such disclosure is necessary.

 

Conn. Gen. Stat. § 31-51w. Drug testing: Observation prohibited. Privacy of results

(a) No employer or employer representative, agent or designee engaged in a urinalysis drug testing program shall directly observe an employee or prospective employee in the process of producing the urine specimen.

(b) Any results of urinalysis drug tests conducted by or on behalf of an employer shall be maintained along with other employee medical records and shall be subject to the privacy protections provided for in sections 31-128a to 31-128h, inclusive. Such results shall be inadmissible in any criminal proceeding.

 

Conn. Gen. Stat. § 31-51x. Drug testing: Reasonable suspicion required. Random tests.

(a) No employer may require an employee to submit to a urinalysis drug test unless the employer has reasonable suspicion that the employee is under the influence of drugs or alcohol which adversely affects or could adversely affect such employee's job performance. The Labor Commissioner shall adopt regulations in accordance with chapter 54 to specify circumstances which shall be presumed to give rise to an employer having such a reasonable suspicion, provided nothing in such regulations shall preclude an employer from citing other circumstances as giving rise to such a reasonable suspicion.

(b) Notwithstanding the provisions of subsection (a) of this section, an employer may require an employee to submit to a urinalysis drug test on a random basis if (1) such test is authorized under federal law, (2) the employee serves in an occupation which has been designated as a high-risk or safety-sensitive occupation pursuant to regulations adopted by the Labor Commissioner pursuant to chapter 54, or is employed to operate a school bus, as defined in section 14-275, or a student transportation vehicle, as defined in section 14-212, or (3) the urinalysis is conducted as part of an employee assistance program sponsored or authorized by the employer in which the employee voluntarily participates.

 

Department of Labor Agency Guidelines: List of Occupations Designated as High-Risk or Safety-Sensitive by the Labor Commissioner of the State of Connecticut (February 2009)

The following is a list of occupations designated as high risk or safety sensitive by the Labor Commissioner as a result of specific request received on behalf of individual employers.

This list may serve only as a guide for the Commissioner in future investigations and determinations made pursuant to the regulations. Employers may institute random urinalysis drug testing only after their individual request has received written approval from the Commissioner.

• Advanced Climber/Trimmer-Trainee (Power Line Clearance)
• Advanced Life Support Technicians
• Aerial Construction Supervisor
• Air Pollution Engineer
• Aircraft Mechanic
• Airframe and Powerplant Technician
• Assembler/Packager (Pharmaceutical Manufacturing)
• Assistant Plant Operator (Power Generations)
• Assistant Utility Operator (Plant Generations)
• Avionics Technician
• Back Piler Operator (Terminal Operations)
• Beta Field Engineer
• Blender
• Blasters
• Boilermaker (Elevated Construction)
• Boilermaker/Pipefitter/Plumber/Welder (Elevated Construction)
• Branch Managers (Compressed Gas)
• Bricklayers (Bridge, Tunnel and Elevated Highway Construction)
• Bulldozer Operator (Terminal Operations)
• Bus Driver
• Bus Monitor/Aide
• Camp Counselors (First Aid/CPR Certified)
• Carpenters (Elevated Concrete Form Work)
• Carpenter (Elevated Construction)
• Carpenters and Joiners (Bridge, Tunnel and Elevated Highway Construction)
• Carriers (Terminal Operations)
• Caulking Specialist (High-Rise/Elevated)
• Chauffer
• Checker (Terminal Operations)
• Chemical Compounding Manager/Supervisor/Personnel (Pharmaceutical Manufacturing)
• Chemical Lab Technician/Assistant (Pharmaceutical Manufacturing)
• Chemical Operator (Hazardous Materials)
• Chemical Processors (Surgical Sponge Manufacturing)
• Chemist (Hazardous Waste Materials)
• Chemist/Hazardous Waste Handler/Manager
• Chief Chemist (Pharmaceutical Manufacturing)
• Climber/Trimmer-Trainee (Power Line Clearance)
• Clinical Assistant
• Clinicians (Social Workers, Therapists, and Psychologists)
• Coax Splicer
• Compressed Gas Delivery Personnel
• Construction Engineer (Elevated Construction)
• Construction Splicer (Television Cable)
• Consultant Pharmacist
• Container Management Worker (Hazardous Waste Materials)
• Corporate Industrial Hygienist (Chemical/Mining Facilities)
• Corporate Security Personnel (Executive Protection)
• Counseling Assistant
• Crane Operator
• Crane Operator (Power Generations)
• Crane Operator (Prestress concrete)
• Crew Chief (Armored Car)
• Crew Leader (Power Line Clearance)
• Cryogenic Repair/Installation Associates
• Cylinder Shot Blasting Operators
• Deburrer
• Director, Environmental Health & Safety (Power Generations)
• Director of IV Services
• Director of Operations (EMS)
• Dispatcher (Ambulance & Handicapped Services Vehicle)
• Dispatcher (Petroleum Products)
• Dispatcher/Forklift Operator (Prestress Concrete)
• Disposing Operator (Water Treatment Plant/Flammable, Hazardous Liquid)
• Distillation Chemists
• District Field Operations Supervisor (Explosives)
• Divers (Bridge, Tunnel and Elevated Highway Construction)
• Diving Tenders (Bridge, Tunnel and Elevated Highway Construction)
• Dock/Yardworker (Petroleum Products)
• Driller/Explosives Handler
• Driller/Explosives Technician
• Driver/Explosives Handler
• Driver/Guard (Armored Car)
• Drivers of School Buses and/or Student Transportation Vehicles
• Drop Swapper (Television Cable)
• Drum Laborer
• E & I Technician (Power Generations)
• Electrician (Elevated Construction)
• Electronics Service Technician
• Emergency Medical Technician
• Emergency Medical Technician Intermediate (EMT-I)
• Emission Measurements Technician
• Engineer (Hazardous Waste Site)
• Environmental Scientist (Hazardous Waste/Petroleum Products)
• Equipment/Forklift Operators
• Executive Chauffeur
• Executive Director (EMS)
• Expediter
• Explosives Handler
• Explosives Technician
• Explosives Technician Trainee
• FPI/X-ray
• Fiber Optic Observer
• Fiber Splicer
• Field Engineer (Elevated Construction)
• Field Operations Manager (Explosives)
• Field Service Representative (Fuel Station Monitoring)
• Field Technician (Hazardous Waste/Petroleum Products)
• Field Technician (Hazardous Waste Site)
• Field Test Engineers (Off-Shore Drilling)
• Filling Manager/Supervisor (Pharmaceutical Manufacturing)
• Finisher (Prestress Concrete)
• Fireplace Installer
• Fire Sprinkler Technician (Elevated Construction)
• Flagman
• Fleet Engineer (EMS)
• Flight Attendant
• Flight Officer
• Floaters (Surgical Sponge Manufacturing)
• Foreman
• Forklift Operator
• Forklift Operator (Terminal Operations)
• Forklift Operator (Hazardous Materials)
• Furnace Operator
• Gang Boss (Terminal Operations)
• Garage Mechanics (Terminal Operations)
• Gemko/PK Operator
• General Laborer (Terminal Operations)
• General Maintenance Personnel
• Groundperson (Power Line Clearance)
• Group Leaders (Surgical Sponge Manufacturing)
• Guard/Fireman
• Gutter Installer
• HVAC Service Technician
• Handlers and Users of Radioactive Sources
• Hardware Technician
• Health & Safety Officer (Hazardous Waste Site)
• Heavy Equipment Operators (Elevated Construction)
• Hold Operator of Forklift (Terminal Operations)
• Hydrogeologist (Hazardous Waste Site)
• Hydro Test Operator
• Inspector
• Inspector (Crane)
• Inspector (Elevated Construction)
• Inspectors (Surgical Sponge Manufacturing)
• Installation Representative/Manager (Fuel Station Monitoring)
• Installation/Repair Technician (Television Cable)
• Installer (Television Cable)
• Insulation Installer
• Insulator
• Insulator (Elevated Construction)
• Invalid Coach Driver
• Iron Workers (Bridge, Tunnel and Elevated Construction)
• Ironworker (Rebar & Structural)
• IV Nurse
• IV Pharmacist
• IV Pharmacy Technician
• Lab Manager
• Lab Manager (Pharmaceutical Manufacturing)
• Lab Technicians
• Laboratory Director (Hazardous Waste Materials)
• Laborer (Power Generations)
• Laborer (Power Line Clearance)
• Laborer (Road Crack and Joint Repair)
• Laborers (Bridge, Tunnel and Elevated Highway Construction)
• Laborers (Elevated Concrete Form Work)
• Lathe Operators
• Lead Installation/Line Technician (Television Cable)
• Lead Laborer (Power Generations)
• Lead Technician (Fuel Station Monitoring)
• Leadman (Prestress Concrete)
• Leakage Technician (Television Cable)
• Licensed Operator (Waste Water Treatment Plant)
• Licensed Practical Nurses
• Light Duty Wrecker Operator
• Limousine Driver
• Lineman
• Line Technician (Television Cable)
• Loader/Unloader
• Location Manager (Petroleum or Petrochemical Laboratory)
• Longshoreman (Terminal Operations)
• Machine Operators (Surgical Sponge Manufacturing)
• Machine Setup Mechanic (Plastic Products Manufacturing)
• Machinist (Pharmaceutical Manufacturing)
• Machinist (Plastic Products Manufacturing)
• Maintaining revenue service vehicles or equipment used in revenue service.
• Maintenance Electrician/Steamfitter
• Maintenance Electrician/Steamfitter (Elevated Construction)
• Maintenance Manager (Power Generations)
• Maintenance Mechanic Helpers (Terminal Operations)
• Maintenance Mechanic
• Maintenance Mechanics (Terminal Operations)
• Maintenance Mechanics, Lead 1st & 2nd class (Power Generations)
• Maintenance Person/Forklift Operator (Prestress Concrete)
• Maintenance Personnel (Pharmaceutical Manufacturing)
• Maintenance Supervisor
• Maintenance Supervisor (Power Generations)
• Maintenance Worker (Hazardous Waste Materials)
• Manager, Technical & Field Service (Fuel Station Monitoring)
• Marine Terminal Operator (Petroleum Products)
• Masons (Elevated Concrete Form Work)
• Material Handler
• Material Handler (Pharmaceutical Manufacturing)
• Material Handler/Forklift Operator (Plastic Products Manufacturing)
• Mechanic
• Mechanics (Heating, Elevated Construction)
• Mechanics (Placarded Vehicles Carrying Hazardous Materials)
• Mechanics (School Buses and/or Student Transportation Vehicles)
• Milling Machinists
• Millwright
• Millwright (Elevated Construction)
• Mobile Equipment Operator (Power Generations)
• Operating Engineer
• Operating Engineers (Bridge, Tunnel and Elevated Highway Construction)
• Operating Engineer (Cranes/Heavy Equipment/Piledriver/Forklifts)
• Operation of a revenue service vehicle, whether or not such vehicle is in revenue service.
• Operations Manager (Armored Car)
• Operations Manager (EMS)
• Operations Manager (Power Generations)
• Operations Superintendent (Power Generations)
• Operations Technician (Fuel Station Monitoring)
• Operator of Medi-Van
• Operators of Handicapped Services Vehicles
• Overhead Crane Operator (10 ton and over)
• Packagers (Surgical Sponge Manufacturing)
• Packer/Forklift Operator (Plastic Products Manufacturing)
• Painters (Elevated Construction)
• Painters (Elevated Structure)
• Pallet Jack Operator
• Paramedic
• Payload Operator (Terminal Operations)
• Petroleum/Chemical Inspector
• Petroleum or Petrochemical Laboratory Manager
• Pharmaceutical Clinical Quality Assurance Rep
• Pharmaceutical Data Entry Technician/Supervisor
• Pharmaceutical Medical Records Technician
• Pharmaceutical Picking/Packaging/Manager/Supervisor
• Pharmaceutical Picking Technician
• Pharmaceutical Production Manager
• Pharmaceutical Purchasing Staff/Manager
• Pharmaceutical Returns/Pyxis Technician
• Pharmacist
• Pharmacy Technician
• Physicians
• Physician Assistants
• Pick Up Gear (Terminal Operations)
• Pile Drivers (Bridge, Tunnel and Elevated Highway Construction)
• Pilot
• Pipefitter
• Plant Associates (Compressed Gas)
• Plant Foreman (Petroleum Products)
• Plantman (Petroleum Products)
• Plant Manager
• Plant Manager (Compressed Gas)
• Plant Manager (Petroleum Products)
• Plant Manager (Power Generations)
• Plant Operator (Petroleum Products)
• Plant Operator (Power Generations)
• Plant Superintendent (Petroleum Products)
• Plant Supervisor (Petroleum Products)
• Plant Technician
• Plasma Sprayer
• Plater
• Plumbers/Pipefitters (Elevated Construction)
• Pre-Wire (Television Cable)
• Processing Supervisor (Hazardous Waste Materials)
• Production Chemists
• Production Supervisors/Managers
• Project Manager (Elevated Construction)
• Propane Service Technician
• Pumpers
• Quality Assurance Manager (Pharmaceutical Manufacturing)
• Quality Control Chemists
• Quality Control Inspector (Aircraft)
• Quality Control Inspector (Prestress Concrete)
• Quality Control Lab Technician (Prestress Concrete)
• Quality Control-Laboratory (Pharmaceutical Manufacturing)
• Quality Control-Production Inspector (Pharmaceutical Manufacturing)
• Quality Monitors (Surgical Sponge Manufacturing)
• Registered Nurse/Nurse Practitioner
• Registered Nurses
• Remedial Service, Technician (Hazardous Waste Materials)
• Repair Personnel of Ambulance and Handicapped Services Vehicles
• Research & Development Chemist
• Residential House Parent
• Riggers of Containment Cables
• Safety Manager (Elevated Construction)
• Safety Officer (Armored Car)
• Sailing Instructor
• Sales Representative/Demonstrator (Heavy Equipment)
• Sales Representative (Crane)
• Security Guard/Safety
• Senior Projects Manager (Fuel Station Monitoring)
• Senior Technician (Television Cable)
• Service Manager (Cranes)
• Service Technician (Cranes)
• Service Technician (Industrial Chimney/Air Duct and Boiler Systems)
• Service Technician (Television Cable)
• Set-up/Filling (Pharmaceutical Manufacturing)
• Shift Supervisor (Power Generations)
• Shipper/Warehouseman/Yardman
• Shipping Receiving (Pharmaceutical Manufacturing)
• Shore Crane Operator (Terminal Operations)
• Shuttle Driver
• Signalman (Terminal Operations)
• Site Clean-up Crews (HazardousWaste)
• Sorters
• Staff Scientist (Hazardous Waste Site)
• Stripper (Chemical)
• Supervisor (Ambulance & Handicapped Services Vehicle)
• Supervisor (Prestress concrete)
• Supervisor of Professional Services (EMS)
• Tallying Employees (Terminal Operations)
• Teacher
• Teacher Aide
• Teamsters
• Technical/Marketing Representative (Explosives)
• Terminal Foreman (Petroleum Products)
• Terminal Supervisor (Petroleum Products)
• Thermal Sprayers/Gritblasters (Metalizing Operations)
• Toolmaker
• Top Climber/Top Trimmer (Power Line Clearance)
• Traffic Manager (Pharmaceutical Manufacturing)
• Transfer Station Operator (Power Generations)
• Truck Driver (Hazardous Waste Materials)
• Truck Driver (LP Gas, Gasoline, Combustible Fuel)
• Truck Driver (Petroleum Products)
• Truck Driver (Road Crack and Joint Repair)
• Truck Drivers (Bridge, Tunnel and Elevated Highway Construction)
• Truck Drivers Helpers (Bridge, Tunnel and Elevated Highway Construction)
• Truck Loaders
• Truckloading Dock Operator of Forklift (Terminal Operations)
• Underground Construction Supervisor
• Underground Utility Locate Technician
• Utility Man
• Utility Operator (Power Generations)
• VTL Machinist
• Van Driver (Revenue Service)
• Vanlube/Bridge Operator
• Vault Personnel (Armed)
• Warehouse Maintenance & Utility Persons (Hazardous Materials)
• Warehouse/Shipping Clerks
• Wastewater Treatment Manager
• Wastewater Treatment Operator
• Waterproofing Installer
• Welder/Fabricators
• Welder (Elevated Construction)
• Welder (Prestress Concrete)
• Weld Manager (Elevated Construction)
• Wheel Chair Van Driver
• Winch Operator (Terminal Operations)
• Window Installer
• Working Foreman (Hazardous Materials)
• Yard Laborer
• Yardman (Hazardous Waste Materials)

 

Conn. Gen. Stat. § 14-276a(d). School bus operators and operators of student transportation vehicles: drug testing.

(d) A carrier shall require each person whom it intends to employ to operate a school bus, as defined in section 14-275, or a student transportation vehicle, as defined in section 14-212, to submit to a urinalysis drug test in accordance with the provisions of sections 31-51v and 31-51w and shall require each person it employs to operate such vehicles to submit to a urinalysis drug test on a random basis in accordance with the provisions of section 31-51x and the standards set forth in 49 CFR Parts 382 and 391. No carrier may employ any person who has received a positive test result for such test which was confirmed as provided in subdivisions (2) and (3) of section 31-51u. No carrier may continue to employ as a driver, for two years, any person who has received a positive test result for such test which was confirmed as provided in subdivisions (2) and (3) of subsection (a) of section 31-51u. No carrier may continue to employ as a driver, permanently, any person who has received a second positive test result for such test which was confirmed as provided in subdivisions (2) and (3) of subsection (a) of section 31-51u. The commissioner may, after notice and hearing, impose a civil penalty of not more than one thousand dollars for the first offense and two thousand five hundred dollars for each subsequent offense on any carrier which violates any provision of this subsection.

 

Conn. Gen. Stat. § 14-261b. Drug and alcohol testing of drivers of certain vehicles, mechanics and forklift operators

(a) For the purposes of this section:

(1) “Driver” means an employee driver or a contract driver under contract for ninety days or more in a period of three hundred sixty-five days; and

(2) “Employer” means a person employing or contracting with a driver.

(b) Notwithstanding the provisions of sections 31-51t to 31-51aa, inclusive, (1) any person employing a driver of a commercial motor vehicle, as defined in section 14-1, operating in intrastate commerce in the state shall require such driver to submit to testing as provided by federal law pursuant to 49 USC 31306 and 49 CFR Parts 382 and 391, and (2) any person employing a driver of a motor vehicle with a gross vehicle weight rating of ten thousand and one pounds or more but not more than twenty-six thousand pounds, a mechanic who repairs or services such a vehicle or a commercial motor vehicle, as defined in section 14-1, or a forklift operator may require such driver, mechanic or operator to submit to testing as provided by federal law pursuant to 49 USC 3102 and 49 CFR Parts 382 and 391.

(c) Any employer who fails to comply with the provisions of this section shall be subject to a civil penalty of one thousand dollars which shall be imposed by the Commissioner of Motor Vehicles after notice and opportunity for a hearing pursuant to the provisions of chapter 54. The commissioner shall impose a civil penalty of two thousand five hundred dollars for any subsequent failure to comply by such employer.

 

49 U.S.C. § 31306. Alcohol and controlled substances testing

(a) Definition.--In this section, “controlled substance” means any substance under section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802) specified by the Secretary of Transportation.

(b) Testing program for operators of commercial motor vehicles.--(1)(A) In the interest of commercial motor vehicle safety, the Secretary of Transportation shall prescribe regulations that establish a program requiring motor carriers to conduct preemployment, reasonable suspicion, random, and post-accident testing of operators of commercial motor vehicles for the use of a controlled substance in violation of law or a United States Government regulation and to conduct reasonable suspicion, random, and post-accident testing of such operators for the use of alcohol in violation of law or a United States Government regulation. The regulations shall permit such motor carriers to conduct preemployment testing of such employees for the use of alcohol.

(B) When the Secretary of Transportation considers it appropriate in the interest of safety, the Secretary may prescribe regulations for conducting periodic recurring testing of operators of commercial motor vehicles for the use of alcohol or a controlled substance in violation of law or a Government regulation.

(2) In prescribing regulations under this subsection, the Secretary of Transportation--

(A) shall require that post-accident testing of an operator of a commercial motor vehicle be conducted when loss of human life occurs in an accident involving a commercial motor vehicle; and

(B) may require that post-accident testing of such an operator be conducted when bodily injury or significant property damage occurs in any other serious accident involving a commercial motor vehicle.

(c) Testing and laboratory requirements.--In carrying out subsection (b) of this section, the Secretary of Transportation shall develop requirements that shall--

(1) promote, to the maximum extent practicable, individual privacy in the collection of specimens;

(2) for laboratories and testing procedures for controlled substances, incorporate the Department of Health and Human Services scientific and technical guidelines dated April 11, 1988, and any amendments to those guidelines, including mandatory guidelines establishing--

(A) comprehensive standards for every aspect of laboratory controlled substances testing and laboratory procedures to be applied in carrying out this section, including standards requiring the use of the best available technology to ensure the complete reliability and accuracy of controlled substances tests and strict procedures governing the chain of custody of specimens collected for controlled substances testing;

(B) the minimum list of controlled substances for which individuals may be tested; and

(C) appropriate standards and procedures for periodic review of laboratories and criteria for certification and revocation of certification of laboratories to perform controlled substances testing in carrying out this section;

(3) require that a laboratory involved in testing under this section have the capability and facility, at the laboratory, of performing screening and confirmation tests;

(4) provide that any test indicating the use of alcohol or a controlled substance in violation of law or a Government regulation be confirmed by a scientifically recognized method of testing capable of providing quantitative information about alcohol or a controlled substance;

(5) provide that each specimen be subdivided, secured, and labeled in the presence of the tested individual and that a part of the specimen be retained in a secure manner to prevent the possibility of tampering, so that if the individual's confirmation test results are positive the individual has an opportunity to have the retained part tested by a 2d confirmation test done independently at another certified laboratory if the individual requests the 2d confirmation test not later than 3 days after being advised of the results
of the first confirmation test;

(6) ensure appropriate safeguards for testing to detect and quantify alcohol in breath and body fluid samples, including urine and blood, through the development of regulations that may be necessary and in consultation with the Secretary of Health and Human Services;

(7) provide for the confidentiality of test results and medical information (except information about alcohol or a controlled substance) of employees, except that this clause does not prevent the use of test results for the orderly imposition of appropriate sanctions under this section; and

(8) ensure that employees are selected for tests by nondiscriminatory and impartial methods, so that no employee is harassed by being treated differently from other employees in similar circumstances.

(d) Testing as part of medical examination.--The Secretary of Transportation may provide that testing under subsection (a) of this section for operators subject to subpart E of part 391 of title 49, Code of Federal Regulations, be conducted as part of the medical examination required under that subpart.

(e) Rehabilitation.--The Secretary of Transportation shall prescribe regulations establishing requirements for rehabilitation programs that provide for the identification and opportunity for treatment of operators of commercial motor vehicles who are found to have used alcohol or a controlled substance in violation of law or a Government regulation. The Secretary shall decide on the circumstances under which those operators shall be required to participate in a program. This section does not prevent a motor carrier from establishing a program under this section in cooperation with another motor carrier.

(f) Sanctions.--The Secretary of Transportation shall decide on appropriate sanctions for a commercial motor vehicle operator who is found, based on tests conducted and confirmed under this section, to have used alcohol or a controlled substance in violation of law or a Government regulation but who is not under the influence of alcohol or a controlled substance as provided in this chapter.

(g) Effect on State and local government regulations.--A State or local government may not prescribe or continue in effect a law, regulation, standard, or order that is inconsistent with regulations prescribed under this section. However, a regulation prescribed under this section may not be construed to preempt a State criminal law that imposes sanctions for reckless conduct leading to loss of life, injury, or damage to property.

(h) International obligations and foreign laws.--In prescribing regulations under this section, the Secretary of Transportation--

(1) shall establish only requirements that are consistent with international obligations of the United States; and

(2) shall consider applicable laws and regulations of foreign countries.

(i) Other regulations allowed.--This section does not prevent the Secretary of Transportation from continuing in effect, amending, or further supplementing a regulation prescribed before October 28, 1991, governing the use of alcohol or a controlled substance by commercial motor vehicle employees.

(j) Application of penalties.--This section does not supersede a penalty applicable to an operator of a commercial motor vehicle under this chapter or another law.



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