


(2) Prohibit an employer in the public utility or mass transportation industry from requiring testing otherwise barred by this chapter if that testing is explicitly mandated by federal regulation or statute as a condition for the continued receipt of federal funds. part 382 if that testing is performed pursuant to a policy mandated by the federal government or
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(1) Prohibit or apply to the testing of drivers regulated under 49 C.F.R. (e) Nothing in this chapter shall be construed to: (d) Nothing in this chapter shall be construed to impair or affect the rights of individuals under chapter 5 of this title. (3) Afford injunctive relief against any employer who commits or proposes to commit a violation of this section. (2) Award reasonable attorney's fees and costs to a prevailing employee and (1) Award punitive damages to a prevailing employee in addition to any award of actual damages (c) In any civil action alleging a violation of this section, the court may: (b) Any employer who subjects any person employed by him or her to this test, or causes, directly or indirectly, any employee to take the 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 year in jail, or both. (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. (7) The employer has promulgated a drug abuse prevention policy which complies with requirements of this chapter and (6) The employer provides the test to the employee with a reasonable opportunity to rebut or explain the results (5) The employer provides the test to 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 (4) Positive tests of urine, blood or any other bodily fluid or tissue are confirmed by a federally certified laboratory by means of gas chromatography/mass spectrometry or technology recognized as being at least as scientifically accurate
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(3) 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 provided, that additional testing may be required by the employer in accordance with this referral, and an employee whose testing indicates any continued use of controlled substances despite treatment may be terminated (2) The employee provides the test sample in private, outside the presence of any person (1) The employer has reasonable grounds to believe based on specific aspects of the employee's job performance and specific contemporaneous documented observations, concerning the employee's appearance, behavior or speech that the employee may be under the influence of a controlled substance, which may be impairing his or her ability to perform his or her job Employers may require that an employee submit to a drug test if: (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 unless that test is administered in accordance with the provisions of this section. Testing permitted only in accordance with this section.


Urine and Blood Tests as a Condition of Employment R.I.
