Alcohol and illegal use of drugs; prohibitions; requisites; testing
Sec. 24. (a) A covered entity may do the following:
(1) Prohibit the illegal use of drugs and the use of alcohol at the
workplace by all employees.
(2) Require that employees shall not be under the influence of
alcohol or be engaging in the illegal use of drugs at the
workplace.
(3) Require that employees behave in conformance with the
requirements established under the Drug-Free Workplace Act
of 1988 (41 U.S.C. 701 et seq.).
(4) Hold an employee who engages in the illegal use of drugs or
who is an alcoholic to the same qualification standards for
employment or job performance and behavior that the entity
holds other employees, even if the unsatisfactory job
performance or behavior is related to the drug use or alcoholism
of the employee.
(5) With respect to federal regulations regarding alcohol and the
illegal use of drugs, require that:
(A) employees comply with the standards established in the
regulations of the United States Department of Defense if
the employees of the covered entity are employed in an
industry subject to those regulations, including complying
with regulations, if any, that apply to employment in
sensitive positions in the industry, in the case of employees
of the covered entity who are employed in those positions
(as defined in the regulations of the United States
Department of Defense);
(B) employees comply with the standards established in the
regulations of the United States Nuclear Regulatory
Commission if the employees of the covered entity are
employed in an industry subject to those regulations,
including complying with regulations, if any, that apply to
employment in sensitive positions in the industry, in the case
of employees of the covered entity who are employed in
those positions (as defined in the regulations of the United
States Nuclear Regulatory Commission); and
(C) employees comply with the standards established in the
regulations of the United States Department of
Transportation if the employees of the covered entity are
employed in a transportation industry subject to those
regulations, including complying with regulations, if any,
that apply to employment in sensitive positions in the
industry, in the case of employees of the covered entity who
are employed in those positions (as defined in the
regulations of the United States Department of
Transportation).
(b) For purposes of this chapter, a test to determine the illegal use
of drugs shall not be considered a medical examination.
(c) Nothing in this chapter shall be construed to encourage,
prohibit, or authorize the conducting of drug testing for the illegal
use of drugs by job applicants or employees or making employment
decisions based on the test results.
(d) Nothing in this chapter shall be construed to encourage,
prohibit, restrict, or authorize the otherwise lawful exercise by
entities subject to the jurisdiction of the United States Department of
Transportation of authority to:
(1) test employees in, and applicants for, positions involving
safety sensitive duties for the illegal use of drugs and for on
duty impairment by alcohol; and
(2) remove those persons who test positive for illegal use of
drugs and on duty impairment by alcohol under subdivision (1)
from safety sensitive duties in implementing subsection (c).
As added by P.L.111-1992, SEC.4.
Last modified: May 27, 2006