23-493.06. Employer protection from litigation

No cause of action is or may be established for any person against an employer who has established a policy and initiated a testing program in accordance with this article for any of the following:

1. Actions in good faith based on the results of a positive drug test or alcohol impairment test.

2. Failure to test for drugs or alcohol impairment or failure to test for a specific drug or any other controlled substance.

3. Failure to test or, if tested, failure to detect any specific drug or other substance, any medical condition or any mental, emotional or psychological disorder or condition.

4. Termination or suspension of any substance abuse prevention or testing program or policy.

23-493.06. Employer protection from litigation

No cause of action is or may be established for any person against an employer who has established a policy and initiated a testing program in accordance with this article for any of the following:

1. Actions in good faith based on the results of a positive drug test or alcohol impairment test.

2. Failure to test for drugs or alcohol impairment or failure to test for a specific drug or any other controlled substance.

3. Failure to test or, if tested, failure to detect any specific drug or other substance, any medical condition or any mental, emotional or psychological disorder or condition.

4. Termination or suspension of any substance abuse prevention or testing program or policy.