Substance abuse by employees performing work on public utility projects located in public rights-of-way and passing emergency or roadside service vehicles stopped on or near the highway. (FE)

In addition, current law requires a contractor, subcontractor, or agent of a contractor or subcontractor that is performing work on a project of public works (employer) to have in place a written program for the prevention of substance abuse among its employees that, at a minimum, includes all of the following:

1. The substance abuse prohibition specified under current law.

2. A requirement that its employees performing work on a project of public works submit to random, reasonable suspicion, and post-accident drug and alcohol testing and to drug and alcohol testing before commencing work on the project.

3. A procedure for notifying an employee who violates the substance abuse prohibition specified under current law, who tests positive for the presence of a drug in his or her system, or who refuses to submit to drug or alcohol testing as required under the employer's substance abuse prevention program that the employee may not perform work on a project of public works until he or she tests negative for the presence of drugs in his or her system, is not under the influence of alcohol, and is approved to commence or return to work on the project in accordance with that program.

Further, current law requires an employer to immediately remove an employee from work on a project of public works if any of the following occurs:

1. The employee violates the substance abuse prohibition specified under current law, tests positive for the presence of a drug in his or her system, or refuses to submit to drug or alcohol testing as required under the employer's substance abuse prevention program.

2. An officer or employee of the local governmental unit or state agency that has contracted for the performance of work on the project (contracting agency) has a reasonable suspicion that the employee is in violation of the substance abuse prohibition specified under current law and requests the employer to immediately remove the employee from work on the project.

Under current law, an employee who is barred or removed from work on a project of public works may commence or return to work on the project upon his or her employer providing to the contracting agency documentation showing that the employee has tested negative for the presence of drugs in his or her system, is not under the influence of alcohol, and is approved to commence or return to work on the project in accordance with the employer's substance abuse prevention program.

This bill extends these provisions to employers and employees performing work on a public utility project, which the bill defines as a project erected, constructed, repaired, remodeled, or demolished for a public utility on a public right-of-way.

Under the bill:

1. The substance abuse prohibition specified under current law applies to an employee performing work on a public utility project.

2. An employer performing work on a public utility project is required to have in place the substance abuse prevention program that is currently required of an employer performing work on a project of public works.

3. The removal-from-work and return-to-work requirements specified under current law for employees performing work on projects of public works apply to an employee performing work on a public utility project.

The bill, however, does not apply to an employee performing work on a public utility project who is subject to drug or alcohol testing under federal Department of Transportation regulations requiring such testing of safety-sensitive transportation employees, commercial motor vehicle operators, and natural gas, hazardous liquids, or carbon dioxide pipeline employees.

Under current law, authorized emergency vehicles, tow trucks, vehicles used in highway construction or maintenance (highway work vehicles), and vehicles used by public utilities are authorized to be equipped with certain flashing warning lamps.

Also under current law, commonly referred to as the "move over or slow down" law, if an authorized emergency vehicle giving visual signal or a tow truck or highway work vehicle displaying flashing warning lamps is parked or standing (parked) on or within 12 feet of a roadway, the operator of another vehicle approaching the stopped vehicle must proceed with due regard for all other traffic and do either of the following: 1) if the roadway has at least two lanes in the applicable direction of travel, move into a lane that is not nearest the parked emergency vehicle, tow truck, or highway work vehicle; or 2) if the roadway has only one lane in the applicable direction of travel or if changing lanes cannot be done safely, slow down while passing the parked emergency vehicle, tow truck, or highway work vehicle.

This bill modifies the "move over or slow down" law to make it applicable to vehicles used by public utilities that are displaying flashing warning lights. If such a vehicle is parked on or within 12 feet of a roadway, the operator of an approaching vehicle must move over or slow down.