CHAPTER 15. ALCOHOL USE AND ILLEGAL USE OF DRUGS

IC 22-10-15

    

Chapter 15. Alcohol Use and Illegal Use of Drugs

IC 22-10-15-1

"Chemical test"

    

Sec. 1. As used in this chapter, "chemical test" has the meaning
set forth in IC 9-13-2-22.

As added by P.L.35-2007, SEC.24.

IC 22-10-15-2

"Illegal use of drugs"

    

Sec. 2. As used in this chapter, "illegal use of drugs" has the
meaning set forth in IC 22-9-5-12.

As added by P.L.35-2007, SEC.24.

IC 22-10-15-3

"SAMHSA"

    

Sec. 3. As used in this chapter, "SAMHSA" means the United
States Department of Health and Human Services Substance Abuse
and Mental Health Services Administration.

As added by P.L.35-2007, SEC.24.

IC 22-10-15-4

Drug and alcohol testing of mine employee

    

Sec. 4. Notwithstanding IC 22-9-5-24, an operator or a
representative of the operator may test a mine employee on the
grounds of the mine or off premises at a medical facility:

        (1) to determine the illegal use of drugs by the mine employee;
or

        (2) to determine whether the mine employee has an alcohol
concentration equivalent to at least four-hundredths (0.04)
grams alcohol per:

            (A) one hundred (100) milliliters of the mine employee's
blood; or

            (B) two hundred ten (210) liters of the mine employee's
breath.

As added by P.L.35-2007, SEC.24.

IC 22-10-15-5

Conducting test

    

Sec. 5. The operator or a representative of the operator may
conduct or cause to be conducted the test under section 4 of this
chapter:

        (1) when there is probable cause to conduct the test with an
employee; or

        (2) on a random basis among the mine employees.

As added by P.L.35-2007, SEC.24.

IC 22-10-15-6

Legally approved testing technique; standards; certified test

results

    

Sec. 6. (a) Alcohol or drug testing results, or both, may be
obtained by a chemical test that at the date of the testing is a legally
approved testing technique.

    (b) An alcohol or a drug test must be conducted in accordance
with standards, procedures, and protocols set forth by SAMHSA.

    (c) Testing must be performed by a laboratory certified in
accordance with the National Laboratory Certification Program
under SAMHSA.

    (d) Test results shall be certified by a medical review officer who
has the ability and training necessary to verify test results.

As added by P.L.35-2007, SEC.24.