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U.S. Code as of:
01/19/04
Section 654. Paul D. Coverdell drug-free workplace program
(a) Definitions
In this section:
(1) Drug-free workplace program
The term "drug-free workplace program" means a program that
includes -
(A) a written policy, including a clear statement of
expectations for workplace behavior, prohibitions against
reporting to work or working under the influence of illegal
drugs or alcohol, prohibitions against the use or possession of
illegal drugs in the workplace, and the consequences of
violating those expectations and prohibitions;
(B) drug and alcohol abuse prevention training for a total of
not less than 2 hours for each employee, and additional
voluntary drug and alcohol abuse prevention training for
employees who are parents;
(C) employee illegal drug testing, with analysis conducted by
a drug testing laboratory certified by the Substance Abuse and
Mental Health Services Administration, or approved by the
College of American Pathologists for forensic drug testing, and
a review of each positive test result by a medical review
officer;
(D) employee access to an employee assistance program,
including confidential assessment, referral, and short-term
problem resolution; and
(E) continuing alcohol and drug abuse prevention education.
(2) Eligible intermediary
The term "eligible intermediary" means an organization -
(A) that has not less than 2 years of experience in carrying
out drug-free workplace programs;
(B) that has a drug-free workplace policy in effect;
(C) that is located in a State, the District of Columbia, or
a territory of the United States; and
(D) the purpose of which is -
(i) to develop comprehensive drug-free workplace programs
or to supply drug-free workplace services; or
(ii) to provide other forms of assistance and services to
small business concerns.
(3) Employee
The term "employee" includes any -
(A) applicant for employment;
(B) employee;
(C) supervisor;
(D) manager;
(E) officer of a small business concern who is active in
management of the concern; and
(F) owner of a small business concern who is active in
management of the concern.
(4) Medical review officer
The term "medical review officer" -
(A) means a licensed physician with knowledge of substance
abuse disorders; and
(B) does not include any -
(i) employee of the small business concern; or
(ii) employee or agent of, or any person having a financial
interest in, the laboratory for which the illegal drug test
results are being reviewed.
(b) Establishment
There is established a drug-free workplace demonstration program,
under which the Administrator may make grants to, or enter into
cooperative agreements or contracts with, eligible intermediaries
for the purpose of providing financial and technical assistance to
small business concerns seeking to establish a drug-free workplace
program.
(c) Privacy protection for employees participating in drug-free
workplace program
Each drug-free workplace program established with assistance made
available under this section shall -
(1) include, as reasonably necessary and appropriate, practices
and procedures to ensure the confidentiality of illegal drug test
results and of any participation by an employee in a
rehabilitation program;
(2) prohibit the mandatory disclosure of medical information by
an employee prior to a confirmed positive illegal drug test; and
(3) require that a medical review officer reviewing illegal
drug test results shall report only the final results, limited to
those drugs for which the employee tests positive, in writing and
in a manner designed to ensure the confidentiality of the
results.
(d) Evaluation and coordination
Not later than 18 months after October 21, 1998, the
Administrator, in coordination with the Secretary of Labor, the
Secretary of Health and Human Services, and the Director of
National Drug Control Policy, shall -
(1) evaluate the drug-free workplace programs established with
assistance made available under this section; and
(2) submit to Congress a report describing the results of the
evaluation under paragraph (1).
(e) Contract authority
In carrying out this section, the Administrator may -
(1) contract with public and private entities to provide
assistance related to carrying out the program under this
section; and
(2) compensate those entities for provision of that assistance.
(f) Construction
Nothing in this section may be construed to require an employer
who attends a program offered by an intermediary to contract for
any service offered by the intermediary.
(g) Authorization
(1) In general
There is authorized to be appropriated to carry out this
section, $5,000,000 for each of fiscal years 2001 through 2003.
Amounts made available under this subsection shall remain
available until expended.
(2) Small business development centers
Of the total amount made available under this subsection, not
more than the greater of 10 percent or $1,000,000 may be used to
carry out section 648(c)(3)(T) of this title.
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