SB 157 (BR 1456) - W. Westerfield, P. Hornback, C. McDaniel, J. Schickel
AN ACT relating to drug-free workplaces.
Create new sections of KRS Chapter 336 to establish a drug-free workplace program in the Labor Cabinet; define terms associated with the program; provide process of certification by the cabinet for employers establishing a drug-free workplace program; require drug-free workplace programs to provide training to employees and supervisors; permit drug and alcohol testing of employees and job applicants; prohibit certified employers from discharging employees voluntarily seeking treatment prior to a positive drug test; require certified employers to pay for employee drug and alcohol testing; require certified employers to have a medical review officer to review drug and alcohol tests; permit a certified employer to discharge an employee for cause if the employee has a positive drug or alcohol test; specify that a positive drug test is considered misconduct; if the employee of a certified employer is injured and tests positive for drugs or alcohol, then the burden of proof shifts to the employee to prove by clear and convincing evidence that the drugs were not the proximate cause of the injury and failure to do so results in a denial of workers' compensation benefits; amend KRS 341,370 and 342.165.
SB 157 - AMENDMENTS
SCS - Retain the original provisions, except require certified drug-free workplace program employees seeking drug or alcohol treatment to pay the cost of treatment unless covered by insurance or voluntarily provided by the employer; clarify that an employee of a certified drug-free workplace program that refuses to take or fails a drug test is guilty of misconduct, may be discharged, and is ineligible for unemployment benefits; conform KRS 304.13-167(6) to the Act.
Feb 13-introduced in Senate
Feb 21-to Economic Development, Tourism & Labor (S)
Feb 26-taken from Economic Development, Tourism & Labor (S); 1st reading; returned to Economic Development, Tourism & Labor (S)
Feb 27-taken from Economic Development, Tourism & Labor (S); 2nd reading; returned to Economic Development, Tourism & Labor (S)
Feb 28-recommitted to Licensing, Occupations, & Administrative Regulations (S); reported favorably, to Rules with Committee Substitute ; posted for passage in the Regular Orders of the Day for Thursday, February 28, 2013; 3rd reading; Committee Substitute adopted; returned to the Orders of the Day; passed over and retained in the Orders of the Day
Mar 1-passed over and retained in the Orders of the Day
Mar 4-taken from the Regular Orders of the Day; recommitted to Judiciary (S)