SB 629

Current law provides for a substance abuse prevention program for laborers,

workers, mechanics, and truck drivers (employees) employed on projects of public

works whose estimated project cost of completion is $48,000 or more for a

single-trade project or $100,000 or more for a multiple-trade project (projects of

public works).

Specifically, current law prohibits an employee from using, possessing,

attempting to possess, distributing, delivering, or being under the influence of a

controlled substance or controlled substance analog (drug), and from using or being

under the influence of alcohol, while performing work on a project of public works

(substance abuse prohibition).

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