Current Status Bill Number:
3777Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19950309Primary Sponsor: NeilsonAll Sponsors: Neilson, Inabinett, Robinson, Littlejohn, S. Whipper, Sandifer, Rice, Allison, Stuart, Stille, Richardson and VaughnDrafted Document Number: PFM\7062BDW.95Residing Body: SenateCurrent Committee: Judiciary Committee 11 SJDate of Last Amendment: 19950426Subject: Drug Testing for Prospective State Employees
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ Senate 19950501 Introduced, read first time, 11 SJ referred to Committee House 19950427 Read third time, sent to Senate House 19950426 Amended, read second time House 19950419 Committee report: Favorable with 26 HLCI amendment House 19950309 Introduced, read first time, 26 HLCI referred to CommitteeView additional legislative information at the LPITS web site.
April 26, 1995
Introduced by REPS. Neilson, Inabinett, Robinson, Littlejohn, S. Whipper, Sandifer, Rice, Allison, Stuart, Stille, Richardson and Vaughn
S. Printed 4/26/95--H.
Read the first time March 9, 1995.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10 TO TITLE 8 SO AS TO AUTHORIZE CERTAIN DRUG AND ALCOHOL TESTING OF PROSPECTIVE STATE EMPLOYEES.
Amend Title To Conform
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 8-10-10. This chapter may be cited as the `South Carolina Prospective Employee Drug Testing Act'.
Section 8-10-20. As used in this chapter:
(1) `Drugs' means any substance described in Schedules I through V, contained in Chapter 44 of Title 53;
(2) `Employer' means South Carolina and its agencies and departments;
(3) `Prospective employee' means a person who has made written or oral application to an employer to become an employee;
(4) `Sample' means urine, blood, breath, saliva, or hair.
Section 8-10-30. An employer may test prospective employees for the presence of drugs, in accordance with this chapter, when the prospective employee is offered a particular position before the final hiring selection is made. Written notice that a prospective employee may be subject to testing for the presence of drugs must be given to the prospective employee at the time of application.
Section 8-10-40. An employer may require samples from his 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, and enough sample must be taken for the initial test of the employer and a confirmation test. The employer may designate the type of sample to be used for this testing.
Section 8-10-50. An employer shall pay all costs of the initial testing and confirmation testing for drugs required by the employer. A confirmation test must be conducted automatically if the initial test is positive. The prospective employee, if he desires retesting in the manner provided by this chapter, shall pay the costs of retesting.
Section 8-10-60. All sample collection and testing for drugs under this chapter must be performed in accordance with the following conditions:
(1) The collection of samples must be performed under reasonable, dignified, and sanitary conditions.
(2) Sample collections must be documented, and documentation procedures must include:
(a) labeling of samples to preclude the probability of erroneous identification of test results;
(b) an opportunity for the prospective employee to provide notification of information which may be considered relevant to the test, including identification of currently or recently used prescriptions or nonprescription drugs or other relevant medical information.
(3) Sample collection, storage, and transportation to the place of testing must be performed to preclude the probability of sample contamination or adulteration.
(4) Sample testing must comply with scientifically accepted analytical methods and procedures. Initial testing and confirmation testing must be conducted at a laboratory approved or certified by the Department of Health and Environmental Control or a federal agency for this purpose. Testing must include verification or confirmation of positive test results by gas chromatography, gas chromatography-mass spectroscopy, or other comparably reliable analytical method before the result of a test may be used as a basis for an action by an employer.
Section 8-10-70. (A) The Budget and Control Board shall establish guidelines and model policies for the testing required by this chapter for use by state agencies and departments.
(B) Testing or retesting for the presence of drugs by an employer must be carried out within the terms of a written policy which is consistent with policies and guidelines established by the Budget and Control Board and available for review by prospective employees.
(C) Within the terms of the written policy, an employer may require the collection and testing of samples to determine a prospective employee's ability to perform specified duties in the workplace efficiently and with safety for other employees and the general public.
(D) The employer's use and disposition of all drug test results are subject to the limitations of this chapter.
Section 8-10-80. Upon receipt of a verified or confirmed positive drug test result which indicates a violation of the employer's written policy, or upon the refusal of a prospective employee to provide a sample, an employer may use that test or refusal as the basis for refusal to hire the prospective employee.
Section 8-10-90. If the initial drug test of the prospective employee is positive, the employer shall submit a portion of the sample taken for a confirmation test at an approved laboratory. If the results of the confirmation test also are positive, the overall testing may be considered positive by the employer. If the results of the confirmation test are negative, then the results of that test are considered invalid, and another test from a different sample must be conducted if the prospective employee desires. The employer in this event may give no consideration to the results of the first test when determining whether or not to hire the prospective employee.
Section 8-10-100. No cause of action arises in favor of a 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 failure to test for a specific drug or other substance;
(2) failure to test for, or, if tested for, failure to detect, a 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 a drug testing program or policy.
Section 8-10-110. (A) No cause of action arises in favor of a person against an employer who has established a program of drug testing in accordance with this chapter, unless the employer's action was based on a false test result.
(B) In a 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 this chapter.
(2) The employer is not liable for monetary damages if his reliance on a false test result was reasonable and in good faith.
Section 8-10-120. No cause of action for defamation of character, libel, slander, or damage to reputation arises in favor of a person against an employer who has established a program of drug testing in accordance with this chapter, unless:
(1) The results of that test were disclosed to a person other than the employer, an authorized employee or agent of the employer, or the tested prospective employee.
(2) The information disclosed was a false test result.
(3) The false test result was disclosed with malice.
(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 8-10-130. No cause of action arises in favor of a person based upon the failure of an employer to establish a program or policy of drug testing.
Section 8-10-140. All information, interviews, reports, statements, memoranda, or test results received by the employer through his drug testing program are confidential communications and must not be used or received in evidence, obtained in discovery, or disclosed in a public or private proceeding, except in a proceeding related to an action taken by an employer under this chapter.
Section 8-10-150. Nothing in this chapter prohibits an agency or department of this State which has a drug testing program in existence on the effective date of this chapter from continuing the program if the program is at a minimum equal to the provisions or requirements of this chapter and the guidelines and policies established by the Budget and Control Board pursuant to this chapter."
SECTION 2. This act takes effect upon approval by the Governor.