AB 772

This bill, subject to certain exceptions, limits the liability of an employer that

does not require an employee or prospective employee to submit to a test for the

presence of any tetrahydrocannabinol (THC), which is the active ingredient in

marijuana, synthetic cannabinoid, or a controlled substance analog to THC or a

synthetic cannabinoid in his or her system (drug testing) as a condition of

employment.

The bill does not apply to the drug testing of an employee or prospective

employee who is subject to drug testing under 1) any regulation promulgated by the

federal Department of Transportation that requires drug testing of an employee or

prospective employee or any rule promulgated by the Department of Transportation

of this state adopting such a regulation for purposes of enforcing the requirements

of that regulation with respect to intrastate commerce; 2) any contract entered into

between the federal government and an employer or any grant of financial assistance

from the federal government to an employer that requires drug testing of employees

and prospective employees as a condition of receiving the contract or grant; 3) any

federal statute, regulation, order, or other requirement or condition that requires

drug testing of employees and prospective employees for purposes of safety or

security; 4) any substance abuse prevention program under a collective bargaining

agreement or under the current law that requires such programs for public works

and public utility projects; 5) rules promulgated by the Law Enforcement Standards

Board requiring drug testing of prospective law enforcement officers, tribal law

enforcement officers, jail officers, and secure detention officers; or 6) any employer

requirement that an employee be a licensed private security person and carry a

firearm in the course of employment.