IC 4-13-18
    Chapter 18. Drug Testing of Employees of Public WorksContractors

IC 4-13-18-1
Applicability
    Sec. 1. This chapter applies only to a public works contractawarded after June 30, 2006.
As added by P.L.160-2006, SEC.2.

IC 4-13-18-2
"Bid"
    Sec. 2. As used in this chapter, "bid" includes a quotation.
As added by P.L.160-2006, SEC.2.

IC 4-13-18-3
"Contractor"
    Sec. 3. (a) As used in this chapter, "contractor" refers to a personwho:
        (1) submits a bid to do work under a public works contract; or
        (2) does any work under a public works contract.
    (b) The term includes a subcontractor of a contractor.
As added by P.L.160-2006, SEC.2.

IC 4-13-18-4
"Public works contract"
    Sec. 4. As used in this chapter, "public works contract" refers to:
        (1) a public works contract covered by IC 4-13.6;
        (2) a public works contract covered by IC 5-16 and entered intoby a state agency; or
        (3) a state highway contract covered by IC 8-23-9;
when the estimated cost of the public works project is one hundredfifty thousand dollars ($150,000) or more.
As added by P.L.160-2006, SEC.2.

IC 4-13-18-5
Employee drug testing plan required in bid; collective bargainingagreements
    Sec. 5. (a) A solicitation for a public works contract must requireeach contractor that submits a bid for the work to submit with the bida written plan for a program to test the contractor's employees fordrugs.
    (b) A public works contract may not be awarded to a contractorwhose bid does not include a written plan for an employee drugtesting program that complies with this chapter.
    (c) A contractor that is subject to a collective bargainingagreement shall be treated as having an employee drug testingprogram that complies with this chapter if the collective bargainingagreement establishes an employee drug testing program thatincludes the following:        (1) The program provides for the random testing of thecontractor's employees.
        (2) The program contains a five (5) drug panel that tests for thesubstances identified in section 6(a)(3) of this chapter.
        (3) The program imposes disciplinary measures on an employeewho fails a drug test. The disciplinary measures must include ata minimum, all the following:
            (A) The employee is subject to suspension or immediatetermination.
            (B) The employee is not eligible for reinstatement until theemployee tests negative on a five (5) drug panel test certifiedby a medical review officer.
            (C) The employee is subject to unscheduled sporadic testingfor at least one (1) year after reinstatement.
            (D) The employee successfully completes a rehabilitationprogram recommended by a substance abuse professional ifthe employee fails more than one (1) drug test.
A copy of the relevant part of the collective bargaining agreementconstitutes a written plan under this section.
As added by P.L.160-2006, SEC.2.

IC 4-13-18-6
Employee drug testing program requirements
    Sec. 6. (a) A contractor's employee drug testing program mustsatisfy all of the following:
        (1) Each of the contractor's employees must be subject to a drugtest at least one (1) time each year.
        (2) Subject to subdivision (1), the contractor's employees mustbe tested randomly. At least two percent (2%) of thecontractor's employees must be randomly selected each monthfor testing.
        (3) The program must contain at least a five (5) drug panel thattests for the following:
            (A) Amphetamines.
            (B) Cocaine.
            (C) Opiates (2000 ng/ml).
            (D) PCP.
            (E) THC.
        (4) The program must impose progressive discipline on anemployee who fails a drug test. The discipline must have atleast the following progression:
            (A) After the first positive test, an employee must be:
                (i) suspended from work for thirty (30) days;
                (ii) directed to a program of treatment or rehabilitation;and
                (iii) subject to unannounced drug testing for one (1) year,beginning the day the employee returns to work.
            (B) After a second positive test, an employee must be:
                (i) suspended from work for ninety (90) days;
                (ii) directed to a program of treatment or rehabilitation;

and
                (iii) subject to unannounced drug testing for one (1) year,beginning the day the employee returns to work.
            (C) After a third or subsequent positive test, an employeemust be:
                (i) suspended from work for one (1) year;
                (ii) directed to a program of treatment or rehabilitation;and
                (iii) subject to unannounced drug testing for one (1) year,beginning the day the employee returns to work.
        The program may require dismissal of the employee after anypositive drug test or other discipline more severe than isdescribed in this subdivision.
    (b) An employer complies with the requirement of subsection (a)to direct an employee to a program of treatment or rehabilitation ifthe employer does either of the following:
        (1) Advises the employee of any program of treatment orrehabilitation covered by insurance provided by the employer.
        (2) If the employer does not provide insurance that covers drugtreatment or rehabilitation programs, the employer advises theemployee of agencies known to the employer that provide drugtreatment or rehabilitation programs.
As added by P.L.160-2006, SEC.2.

IC 4-13-18-7
Contract cancellation for noncompliance
    Sec. 7. (a) The public works contract must provide for thefollowing:
        (1) That the contractor implement the employee drug testingprogram described in the contractor's plan.
        (2) Cancellation of the contract by the agency awarding thecontract if the contractor:
            (A) fails to implement its employee drug testing programduring the term of the contract;
            (B) fails to provide information regarding implementation ofthe contractor's employee drug testing program at the requestof the agency; or
            (C) provides to the agency false information regarding thecontractor's employee drug testing program.
    (b) The provisions of the public works contract relating tocancellation of the contract by the agency awarding the contractapply to cancellation of the public works contract under this section.
As added by P.L.160-2006, SEC.2.