It is enacted by the General Assembly as follows:

SECTION 1. {ADD Purpose. -- The abuse of illegal drugs and alcohol is a matter of substantial public concern, and Rhode Islanders are not immune from the problems associated with workplace substance abuse. There is also a substantial public policy interest in safeguarding the right of individuals to privacy in the workplace. Therefore, it is the legislative purpose of this act to provide for the protection of the public, the safety of the workplace, and the preservation of the privacy and dignity of employees by setting forth conditions under which drug testing may be conducted and to ensure that such testing is conducted in a fair, confidential, and scientifically reliable manner. ADD}

SECTION 2. Section 28-6.5-1 of the General Laws in Chapter 28-6.5 entitled "Urine and Blood Testing As A Condition of Employment" is hereby amended to read as follows:

28-6.5-1. Urine and blood testing generally prohibited. -- {ADD Testing permitted only in accordance with this section. -- ADD} (a) No employer or agent of any employer shall, either orally or in writing, request, require, or subject any employee to submit a sample of his or her urine, blood, or other bodily fluid or tissue for testing as a condition of continued employment . {ADD unless such test shall be administered in accordance with the provisions of this section. ADD} Nothing herein shall prohibit an employer from requiring a specific employee to submit to testing if: {ADD Employers may require that an employee submit to a drug test if: ADD}

(1) The employer has reasonable grounds to believe based on specific objective facts, {ADD aspects of the employee's job performance and on specific contemporaneous observations, capable of being articulated, concerning the employee's appearance, behavior or speech ADD} that the employee's use of controlled substances is impairing his or her ability to perform his or her job; and

(2) The employee provides the test sample in private, outside the presence of any person; {ADD and ADD}

(3) The testing is conducted in conjunction with a bona fide rehabilitation program; {ADD Employees testing positive are not terminated on that basis, but are instead referred to a substance abuse professional (a licensed physician with knowledge and clinical experience in the diagnosis and treatment of drug related disorders, a licensed or certified psychologist, social worker, or EAP professional with like knowledge, or a substance abuse counselor certified by the National Association of Alcohol and Drug Abuse Counselors (all of whom shall be licensed in Rhode Island)) for assistance; and ADD}

(4) Positive tests are confirmed by means of gas chromatography/mass spectrometry or technology recognized as being at least as scientifically accurate; {ADD and ADD}

(5) The employer provides the employee, at the employer's expense, the opportunity to have the sample tested or evaluated by an independent testing facility and so advises the employee; and

(6) The employer provides the employee with a reasonable opportunity to rebut or explain the results . {ADD and ADD}

{ADD (7) The employer has promulgated a drug abuse prevention policy which complies with requirements of this chapter. ADD}

{ADD (8) The employer keeps the results of any test confidential, except for disclosing the results of a "positive" test only to other employees with a job-related need to know, and to defend against any legal action brought by the employee against the employer. ADD}

(b) Any employer who subjects any person employed by him or her to such a test, or causes, directly or indirectly, any employee to take such a test, except as provided for by this chapter, shall be guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000) or not more than one (1) year in jail, or both.

(c) In any civil action alleging a violation of this section, the court may:

(1) Award punitive damages to a prevailing employee in addition to any award of actual damages;

(2) Award reasonable attorneys' fees and costs to a prevailing employee; and

(3) Afford injunctive relief against any employer who commits or proposes to commit a violation of this section.

(d) Nothing in this chapter shall be construed to impair or affect the rights of individuals under chapter 5 of this title.

(e) Nothing in this chapter shall be construed to prohibit the testing of drivers regulated under 49 C.F.R. section 40.1 et seq. and 49 C.F.R. section 391.81 if such testing is mandated by the federal government, nor to prohibit an employer in the public utility or mass transportation industry from requiring testing otherwise barred by this chapter if such testing is explicitly mandated by federal regulation or statute as a condition for the continued receipt of federal funds; provided, however, that the testing authorized herein shall comply with any and all other provisions of this chapter that are not clearly inconsistent with the applicable federal regulations or statutes.

SECTION 3. This act shall take effect upon passage.