AB 192

Under federal law, a state may require a claimant to submit to a test for the

unlawful use of controlled substances (drug test) as a condition of receiving

unemployment insurance (UI) benefits if the claimant: 1) was terminated from

employment with his or her most recent employer because of the unlawful use of

controlled substances; or 2) is an individual for whom suitable work, as defined under

a state's UI law, is only available in an occupation that regularly conducts drug

testing, as determined in regulations issued by the United States Secretary of Labor

(federal regulations). As of April 20, 2015, final federal regulations have not been

issued.

This bill requires the Department of Workforce Development (DWD) to

establish a program to require claimants who apply for regular UI benefits to submit

to drug tests. The bill requires DWD to determine, when a claimant applies for

regular UI benefits, whether the claimant is an individual for whom suitable work

is only available in an occupation described in the federal regulations. If DWD

determines that the claimant is such an individual, DWD must conduct a screening

on the claimant to determine whether there is a reasonable suspicion that the

claimant has engaged in the unlawful use of controlled substances. If the screening

indicates such a reasonable suspicion, DWD must require the claimant to submit to

a drug test.

The bill provides that, if the claimant declines to submit to such a test, the

claimant is ineligible for UI benefits for 52 weeks or until a subsequent claim for

benefits, whichever is later. If the claimant submits to the drug test, but does not test

positive for any controlled substance without a valid prescription, the claimant may

receive UI benefits if otherwise eligible and may not be required to submit to any

further drug test until a subsequent claim for benefits. If the claimant submits to

the drug test and tests positive for one or more controlled substances without a valid

prescription, the bill provides that the claimant is ineligible for UI benefits for 52

weeks or until a subsequent claim for benefits, whichever is later, except that

following the positive test, the claimant may maintain his or her eligibility for UI

benefits by enrolling in a state-sponsored substance abuse treatment program and

undergoing a state-sponsored job skills assessment. The claimant remains eligible

for benefits for each week the claimant is in full compliance with any requirements

of the substance abuse treatment program and job skills assessment.

The bill also requires DWD to conduct, every ten years, a survey of employers

to identify occupations for which employers require pre-employment, random, or

reasonable suspicion drug testing as a condition of obtaining or continuing

employment. The bill then requires DWD to promulgate rules identifying

occupations for which more than 50 percent of employers so surveyed indicated that

drug testing is required as a condition of obtaining or continuing employment, as well

as additional rules identifying occupations in certain specified categories listed in