I
103D CONGRESS
1ST SESSION
H. R. 377
To amend the Public Health Service Act to establish Federal standards
to ensure quality assurance of drug testing programs, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 5, 1993
Mr. SOLOMON introduced the following bill; which was referred jointly to the
Committees on Energy and Commerce, Education and Labor, and Post
Office and Civil Service
A BILL
To amend the Public Health Service Act to establish Federal
standards to ensure quality assurance of drug testing
programs, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Quality Assurance of
Drug Testing Act’’.
SEC. 2. FINDINGS.
Congress finds that—
(1) drug abuse in the workplace is a serious na-
tional problem, and
(2) drug testing can be an effective deterrent to
drug abuse when administered in a manner that pro-
vides for quality assurance.
SEC. 3. PUBLIC HEALTH SERVICE ACT.
(a) DRUG TESTING.—The Public Health Service Act
is amended—
(1) by redesignating title XXVI (42 U.S.C.
300cc et seq.) as title XXVII, and
(2) by inserting after title XXV (42 U.S.C.
300bb–1 et seq.) the following new title:
‘‘TITLE XXVI—QUALITY
ASSURANCE IN DRUG TESTING
‘‘SEC. 2601. LABORATORY CERTIFICATION STANDARDS.
‘‘(a) PROHIBITION.—No individual may perform a
toxicological analysis in connection with any drug testing
program that is subject to this title unless such analysis
is conducted in a laboratory certified under subsection (b).
‘‘(b) CERTIFICATION.—Not later than 1 year after
the date of enactment of this title, the Secretary shall es-
tablish a program for certifying laboratories that meet
standards for performing—
‘‘(1) drug screening tests,
‘‘(2) drug confirmatory tests, and
‘‘(3) both drug screening and confirmatory
tests.
‘‘(c) CRITERIA.—In establishing standards for certifi-
cation under subsection (b), the Secretary shall use cri-
teria that will maximize the predictive value of the testing
scheme and that take into consideration the practices, pro-
cedures, and experience of drug testing programs which
the Secretary determines are conducted in accordance with
appropriate standards and procedures.
‘‘(d) PERIODIC REVIEW.—At least once each year,
the Secretary shall review, and where appropriate revise,
the certification criteria established under subsection (b),
taking into consideration the relevant scientific technical
advances in the area of drug testing and revisions needed
to reflect employer zero-drug tolerance practices.
‘‘SEC. 2602. ANTI-DRUG ABUSE POLICY.
‘‘(a) WRITTEN POLICY.—As a condition of imple-
menting or maintaining a drug testing program, an em-
ployer shall establish a written anti-drug abuse policy that
shall contain, at a minimum, an explanation concerning
the—
‘‘(1) circumstances under which a drug test will
be administered, the procedures for notifying an em-
ployee of a confirmed positive result, and a state-
ment the policy will be administered in a consistent
and nondiscriminatory manner without regard to
whether the employee is employed in a management
or hourly capacity,
‘‘(2) safeguards established for protecting the
privacy of individuals who are subject to testing, in-
cluding chain custody procedures and the limitations
on disclosure of the results of drug tests,
‘‘(3) availability of any drug abuse treatment
program,
‘‘(4) penalties that may be imposed for a viola-
tion of the anti-drug policy of the employer, and
‘‘(5) procedures under which an applicant or
employee shall be given a reasonable opportunity to
explain a confirmed positive test result.
‘‘(b) NOTICE.—An employer shall make a reasonable
effort to provide notice of the written anti-drug abuse pol-
icy to applicants and employees subject to testing using
whatever methods the employer determines to be appro-
priate.
‘‘SEC. 2603. DRUG-FREE AWARENESS PROGRAM.
‘‘In order for an employer to be permitted to imple-
ment or maintain a drug testing program, such employer
shall establish, as part of such drug testing program, a
drug-free awareness program designed to inform its em-
ployees concerning—
‘‘(1) the dangers of drug abuse, both inside and
outside of the workplace,
‘‘(2) the policy of the employer of maintaining
a drug-free workplace,
‘‘(3) information as to the existence and avail-
ability of counseling, employee assistance, rehabilita-
tion, and other drug abuse treatment programs of
which the employer is aware, and
‘‘(4) the penalties that may be imposed on ap-
plicants and employees who test positive for the use
of a drug, and for the manufacture, distribution, dis-
pensation, possession, or use of a drug in the work-
place of the employer.
‘‘SEC. 2604. STANDARDS FOR DRUG TESTING.
‘‘(a) APPLICANTS.—Nothing in this title shall be con-
strued to prohibit an employer from requiring, as a condi-
tion of employment, that an applicant submit to and pass
a drug test based on criteria established by the employer
that is designed to achieve a drug-free workplace. Refusal
by an applicant to submit to such a test may be treated
in the same manner as a failure to pass a drug test.
‘‘(b) EMPLOYEES.—Nothing in this title shall be con-
strued to prohibit an employer from requiring an employee
to submit to and pass a drug test—
‘‘(1) where the employer has reasonable sus-
picion to believe that the employee is using or under
the influence of a drug,
‘‘(2) where such test is administered as part of
a scheduled medical examination,
‘‘(3) in the case of an accident or incident in-
volving the actual or potential loss of human life, se-
rious bodily injury, or significant property damage,
‘‘(4) during and for a reasonable period of time
(not to exceed 5 years) after the completion of a
drug abuse treatment program, or
‘‘(5) in the case of sensitive employee positions,
work units, locations, or facilities where drug abuse
has been identified as a problem, on a random basis.
‘‘(c) DEFINITION.—As used in this title, the term
‘random’ means the selection of individuals for testing
based on a nondiscriminatory impartial methods so that
no employee is harassed or treated differently from other
employees in similar circumstances.
‘‘SEC. 2505. EMPLOYEE PROTECTIONS.
‘‘(a) PROHIBITIONS.—In the case of an applicant or
employee, it shall be a violation of this title—
‘‘(1) for an employer to fail to make reasonable
efforts to inform the applicant or employee as to the
drug testing policy of the employee,
‘‘(2) for an employer to take any adverse action
based on the unconfirmed positive results of a drug
test, except as provided in subsection (c),
‘‘(3) for an employer, on the request of an ap-
plicant or employee, to fail to provide such applicant
or employee with a reasonable opportunity to be in-
formed of a confirmed positive drug test result, and
‘‘(4) for an employer, on the request of an ap-
plicant or employee, to fail to provide such applicant
or employee with a reasonable opportunity to explain
the results of a confirmed positive test result.
‘‘(b) ANTIRETALIATION PROHIBITION.—It shall be a
violation of this title for an employer to take retaliatory
action against an employee because of the exercise by the
employee of any right granted or protected under this title.
‘‘(c) EXCEPTION
FOR SENSITIVE EMPLOYEES.—
Pending the receipt of the results of a confirmatory drug
test, an employer may transfer or reassign an employee
in a sensitive position to another area or position without
any loss in compensation to such employee if the initial
drug test result is positive. If a confirmatory test of such
employee is negative, such employee shall be entitled to
immediate reinstatement to the position from which such
employee has been transferred or reassigned.