74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2116
Senate Bill 396
Sponsored by Senator KRUSE
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Requires each public school district, education service
district, community college and state institution of higher
education to adopt rules that establish program requiring
preemployment, reasonable suspicion, random and post-accident
drug testing of employees.
Requires each education district or institution to submit
biennial report regarding drug testing program to Superintendent
of Public Instruction, Department of Community Colleges and
Workforce Development or Oregon University System.
A BILL FOR AN ACT
Relating to drug testing of public education employees.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) As used in this section:
(a) 'Clinical laboratory' has the meaning given that term in
ORS 438.010.
(b) 'Community college' has the meaning given that term in ORS
341.005.
(c) 'Controlled substance' has the meaning given that term in
ORS 475.005.
(d) 'Education district or institution' means a school
district, education service district, community college or state
institution of higher education within the Oregon University
System.
(e) 'Education service district' has the meaning given that
term in ORS 334.003.
(f) 'School district' has the meaning given that term in ORS
332.002.
(2) Each education district or institution shall adopt rules
that establish a program requiring preemployment, reasonable
suspicion, random and post-accident testing of employees for the
use of a controlled substance in violation of law, including any
state or federal law, rule or regulation.
(3) In adopting the rules under subsection (2) of this section,
each education district or institution:
(a) Shall develop requirements that:
(A) Promote, to the maximum extent practicable, individual
privacy in collection of specimens;
(B) For clinical laboratories and testing procedures, ensure
that up-to-date scientific and technical guidelines are applied
in carrying out this section, including standards requiring the
use of the best available technology to ensure the complete
reliability and accuracy of controlled substances tests and
strict procedures governing the chain of custody of specimens
collected for controlled substances testing;
(C) Require that a clinical laboratory involved in testing
under this section have, at the laboratory, the capability of and
facility for performing screening and confirmation tests;
(D) Provide that any test indicating the use of a controlled
substance in violation of law be confirmed by a scientifically
recognized method of testing capable of providing quantitative
information about a controlled substance;
(E) Provide that each specimen be subdivided, secured and
labeled in the presence of the tested individual and that a part
of the specimen be retained in a secure manner to prevent
tampering, so that if the individual's confirmation test results
are positive, the individual may have the retained part tested by
a second confirmation test done independently at another clinical
laboratory, if the individual requests the second confirmation
test not later than three days after being advised of the results
of the first confirmation test;
(F) Provide for the confidentiality of test results and medical
information of employees, except that this subparagraph does not
prevent the use of test results for the orderly imposition of
appropriate sanctions under this section;
(G) Ensure that employees are selected for tests by
nondiscriminatory and impartial methods, so that no employee is
discriminated against by being treated differently from other
employees in similar circumstances;
(H) Provide that, for preemployment tests, the applicant shall
pay the cost of the testing and, if the test results are
negative, the education district or institution shall reimburse
the applicant for the cost; and
(I) Provide that the education district or institution shall
pay the costs of testing employees.
(b) Shall require that post-accident testing of an employee be
conducted when loss of life occurs.
(c) May require that post-accident testing of an employee be
conducted when bodily injury or significant property damage
occurs.
(d) Shall establish requirements for rehabilitation programs
that provide for the identification and opportunity for treatment
of employees who are found to have used a controlled substance in
violation of law. The education district or institution shall
determine the circumstances under which those employees shall be
required to participate in a rehabilitation program. The
education district or institution shall require an employee who
participates in a rehabilitation program to pay the costs of the
program not covered by insurance.
(4) Each education district or institution shall determine
appropriate sanctions for an employee who is found, based on
tests conducted and confirmed under the education district's or
institution's program, to have used a controlled substance in
violation of law.
(5) Subsection (4) of this section does not supersede a penalty
applicable to an employee under another law.
(6) Each school district and education service district shall
submit a biennial report to the Superintendent of Public
Instruction, each community college shall submit a biennial
report to the Department of Community Colleges and Workforce
Development and each state institution of higher education shall
submit a biennial report to the Oregon University System. Each
report must describe the education district's or institution's
program established under this section for testing of applicants
and employees for the use of a controlled substance and must
provide statistics related to the operation and effectiveness of
the program. + }
SECTION 2. { + (1) By no later than July 1, 2008, each
education district or institution, as defined in section 1 of
this 2007 Act, shall adopt rules that establish a program
described in section 1 of this 2007 Act.
(2) Notwithstanding section 1 (6) of this 2007 Act, the first
report submitted under section 1 of this 2007 Act:
(a) Shall be submitted no later than December 31, 2008; and
(b) Need not provide statistics related to the operation and
effectiveness of the program. + }
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