23-493.05. Disciplinary procedures
An employer may take adverse employment action based on a positive drug test or alcohol impairment test. On receipt of a positive drug test or alcohol impairment test result that indicates a violation of the employer's written policy, on the refusal of an employee or prospective employee to provide a drug testing sample or on the refusal of an employee to provide an alcohol impairment testing sample, an employer may use that test result or test refusal as a basis for disciplinary or rehabilitative actions that may include any of the following:
1. A requirement that the employee enroll in an employer provided or employer approved rehabilitation, treatment or counseling program, which may include additional drug testing and alcohol impairment testing, participation in which may be a condition of continued employment and the costs of which may or may not be covered by the employer's health plan or policies.
2. Suspension of the employee, with or without pay, for a designated period of time.
3. Termination of employment.
4. In the case of drug testing, refusal to hire a prospective employee.
5. Other adverse employment action.
Section: Previous 23-491.15 23-491.16 23-493 23-493.01 23-493.02 23-493.03 23-493.04 23-493.05 23-493.06 23-493.07 23-493.08 23-493.09 23-493.10 23-493.11 23-493.12 NextLast modified: October 13, 2016