SB 1209 Summary

• Employees discharged for refusing drug or alcohol testing or testing positive are disqualified from unemployment benefits if the test follows Standards for Workplace Drug and Alcohol Testing Act procedures.

• Only written test results with properly documented chain of custody are acceptable as prima facie evidence in unemployment compensation claims.

• Employers must submit a written drug/alcohol testing policy, notification of required testing, and sworn statement of refusal as evidence of misconduct for employees who refuse testing.

• Breathalyzer or single-use test results alone cannot be grounds for immediate termination without a confirmation test of the original sample.

• Bill effective July 1, 2012, with emergency clause for immediate implementation upon passage.