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Drug Testing Laws and Regulations

 Laws dealing with drug testing fall into two categories: those that require testing and those that permit and/or encourage testing. An example of the first category is Public Law 102-240, signed by President George Bush on December 18, 1991. That law requires that any company with even one commercial motor vehicle driver must:

1 - develop a comprehensive substance abuse policy

2 - educate and train supervisors of drivers

3 - test all drivers for alcohol and illegal drugs

4 - provide drug and alcohol information to all drivers

5 - choose a substance abuse counseling professional

6 - comply with record-keeping and reporting requirements.

These elements are the same as those that had previously been recommended by the U.S.

 Department of Labor

An example of the second category of law is the Drug-Free Workplace Act of 1988. This law requires federal contractors and those who receive grants from the federal government to maintain a drug-free workplace. The law applies only to companies and individuals who have received a federal contract worth twenty-five thousand dollars or more or who have received a grant in any amount. The law con­tains a number of specific requirements. Among these are establishing an ongoing drug awareness program, publishing a statement pertaining to drug abuse, signing a statement that the workplace will be maintained in a drug-free condition, and obtaining a statement from any employee who previously has been convicted of violating any statute dealing with drug abuse in the workplace. The law does not require employers to establish a drug testing program. Ironically, the terms of the act have been used by employers to justify the creation of such programs, even though the act says nothing about this point.


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