Committee backs bill to allow employers written zero-tolerance drug policies for certain jobs

Representative West introduced House Bill 31 27 and asked the committee to adopt the proposed committee substitute as the working draft. West said the legislation "would restore an employer's ability to implement a 0 tolerance drug policy" and that such a policy would be a written employer policy used to protect safety-sensitive roles.

Representative Gass questioned whether the bill could create workers' compensation complications or violate HIPAA. "I'm concerned with there being some workers comps issues with this and then also HIPAA violations," Gass said, pressing the sponsor to explain protections. West replied he had consulted a former workers' compensation commissioner and had not heard of HIPAA concerns and emphasized the bill is about worker safety and clarifies employer options rather than forcing immediate termination for a positive test.

West and supporters gave examples of jobs they view as safety-sensitive — equipment operators, forklift operators, meter readers and other positions — and said the bill is intended to provide clarity and flexibility so employers can implement written policies appropriate to their workforce. The committee adopted the PCS as the working draft, moved the bill for passage and recorded a committee vote of '6 aye, 2 nay.' The chair then declared the bill passed by the committee.