Current Status Introducing Body:Senate Bill Number:292 Primary Sponsor:Rose Committee Number:11 Type of Legislation:GB Subject:Workplace Drug Testing Act Residing Body:Senate Current Committee:Judiciary Computer Document Number:292 Introduced Date:Jan 08, 1991 Last History Body:Senate Last History Date:Jan 08, 1991 Last History Type:Introduced and read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Rose Type of Legislation:General Bill
Bill Body Date Action Description CMN
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292 Senate Jan 08, 1991 Introduced and read first 11
time, referred to Committee
292 Senate Nov 05, 1990 Prefiled, referred to 11
Committee
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TO AMEND TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC OFFICES AND EMPLOYEES BY ADDING CHAPTER 16 SO AS TO PROVIDE FOR THE SOUTH CAROLINA WORKPLACE DRUG TESTING ACT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 8 of the 1976 Code is amended by adding:
Section 8-16-10. This chapter is known and may be cited as the South Carolina Workplace Drug Testing Act.
Section 8-16-20. As used in this chapter:
(1) 'Alcohol' means ethyl alcohol or ethanol;
(2) 'Drugs' means any substance described in Schedules I through V, as contained in Chapter 44 of Title 53;
(3) 'Employer' means any person who has one or more workers or operators employed in the same business, or in or about the same establishment, under any contract of hire, express or implied, oral or written;
(4) 'Employee' means any person in the service of an employer, as defined in item (3) of this section;
(5) 'Prospective employee' means any person who has made application to an employer, whether written or oral, to become an employee;
(6) 'Sample' means urine, blood, breath, saliva, or hair.
Section 8-16-30. An employer may test employees or prospective employees for the presence of drugs or alcohol, in accordance with the provisions of this chapter, as a condition of hiring or continued employment. However, employers and management in general shall submit to the testing themselves on a periodic basis.
Section 8-16-40. An employer may require samples from his employees and prospective employees, and may require presentation of reliable identification to the person collecting the samples. Collection of the sample must be in conformance with the requirements of this chapter. The employer may designate the type of sample to be used for this testing.
Section 8-16-50. (A) Any drug or alcohol testing by an employer must occur during or immediately after the regular work period. This testing by the employer must be considered work time for the purposes of compensation and benefits for current employees.
(B) An employer shall pay all costs of testing for drugs or alcohol required by the employer, including the cost of transportation if the testing of a current employee is conducted at a location other than the workplace.
Section 8-16-60. All sample collection and testing of drugs and alcohol under this chapter must be performed in accordance with the following conditions stipulated in this section:
(A) The collection of samples must be performed under reasonable and sanitary conditions.
(B) Sample collections must be documented, and these documentation procedures include:
(1) labeling of samples to reasonably preclude the probability of erroneous identification of test result;
(2) an opportunity for the employee or prospective employee to provide notification of any information which may be considered as relevant to the test, including identification of currently or recently used prescriptions or nonprescription drugs, or other relevant medical information.
(C) Sample collection, storage, and transportation to the place of testing must be performed so as to reasonably preclude the probability of sample contamination or adulteration.
(D) Sample testing must comply to scientifically accepted analytical methods and procedures. Testing must be conducted at a laboratory approved or certified by the Department of Health and Environmental Control for this purpose. Testing must include verification or confirmation of any positive test results by gas chromatography, gas chromatography-mass spectroscopy, or other comparably reliable analytical method, before the result of any test may be used as a basis for any action by an employer.
Section 8-16-70. (A) Testing or retesting for the presence of drugs or alcohol by an employer must be carried out within the terms of a written policy which has been distributed to every employee and is available for review by prospective employees.
(B) Within the terms of the written policy, an employer may require the collection and testing of samples for the following purpose:
(1) investigation of possible individual employee impairment;
(2) investigation of accidents in the workplace or incidents of workplace theft;
(3) maintenance of safety for employees or the general public; or
(4) maintenance of productivity, quality of products or services, or security of property or information.
(C) The collection and testing of samples must be conducted in accordance with this chapter and need not be limited to circumstances where there are indications of individual, job-related impairment of an employee or prospective employee.
(D) The employer's use and disposition of all drug or alcohol test results are subject to the limitations of this chapter.
Section 8-16-80. Upon receipt of a verified or confirmed positive drug or alcohol test result which indicates a violation of the employer's written policy, or upon the refusal of an employee or prospective employee to provide a sample, an employer may use that test 9f refusal as the basis for disciplinary or rehabilitative actions, which may include the following:
(1) a requirement that the employee enroll in an employer-approved rehabilitation, treatment, or counseling program, which may include additional drug or alcohol testing, as a condition of continued employment;
(2) suspension of the employee with or without pay for a period of time;
(3) termination of employment;
(4) refusal to hire a prospective employee; or
(5) other disciplinary measures in conformance with the employer's usual procedures, including any collective bargaining agreement.
Section 8-16-90. No cause of action arises in favor of any person against an employer who has established a policy and initiated a testing program in accordance with this chapter, for any of the following:
(1) failure to test for drugs or alcohol, or failure to test for a specific drug or other substance;
(2) failure to test for, or if tested for, failure to detect, any specific drug or other substance, disease, infectious agent, virus, or other physical abnormality, problem, or defect of any kind; or
(3) termination or suspension of any drug or testing program or policy.
Section 8-16-100. (A) No cause of action arises in favor of any person against an employer who has established a program of drug or alcohol testing in accordance with this chapter, unless the employer's action was based on a false test result.
(B) In any claim, including a claim under this chapter, where it is alleged that an employer's action was based on a false test result:
(1) it is permissible to infer that the test result was valid if the employer complied with the provisions of this chapter; and
(2) the employer is not liable for monetary damages if his reliance on a false test result was reasonable and in good faith.
Section 8-16-110. No cause of action for defamation of character, libel, slander, or damage to reputation arises in favor of any person against an employer who has established a program of drug or alcohol testing in accordance with this chapter, unless:
(1) the results of that test were disclosed to any person other than the employer, an authorized employee or agent of the employer, the tested employee, or the tested prospective employee;
(2) the information disclosed was a false test result;
(3) the false test result was disclosed with malice; and
(4) all elements of an action for defamation of character, libel, slander, or damage to reputation as established by statute or common law, are satisfied.
Section 8-16-120. No cause of action arises in favor of any person based upon the failure of an employer to establish a program or policy of drug or alcohol testing.
Section 8-16-130. All information, interviews, reports, statements, memoranda, or test results received by the employer through his drug or alcohol testing program are confidential communications and may not be used or received in evidence, obtained in discovery, or disclosed in any public orprivate proceeding, except in a proceeding related to an action taken by an employer under this chapter."
SECTION 2. This act takes effect upon approval by the Governor.