SMall Business Act Drug Free WorkPlace

§ 27. PAUL D. COVERDELL DRUG-FREE WORKPLACE PROGRAM.

(a) DEFINITIONS.—In this section:

(1) DRUG-FREE WORKPLACE PROGRAM.—The term “drug-free

workplace program” means a program that includes—

(A) a written policy, including a clear statement of expectations for

workplace behavior, prohibitions against reporting to work or working under the influence of

illegal drugs or alcohol, prohibitions against the use or possession of illegal drugs in the

workplace, and the consequences of violating those expectations and prohibitions;

SMALL BUSINESS ACT

185

(B) drug and alcohol abuse prevention training for a total of not less

than 2 hors for each employee, and additional voluntary drug and alcohol abuse prevention

training for employees who are parents;

(C) employee illegal drug testing, with analysis conducted by a drug

testing laboratory certified by the Substance Abuse and Mental Health Services Administration,

or approved by the College of American Pathologists for forensic drug testing, and a review of

each positive test result by a medical review officer;

(D) employee access to an employee assistance program, including

confidential assessment, referral, and short-term problem resolution; and

(E) continuing alcohol and drug abuse prevention education.

(2) ELIGIBLE INTERMEDIARY.—The term “eligible intermediary” means

an organization—

(A) that has not less than 2 years of experience in carrying out drugfree

workplace programs;

(B) that has a drug-free workplace policy in effect;

(C) that is located in a State, the District of Columbia, or a territory of

the United States; and

(D) the purpose of which is—

(i) to develop comprehensive drug-free workplace programs or

to supply drug-free workplace services;

(ii) to provide other forms of assistance and services to small

business concerns.

(3) EMPLOYEE.—The term “employee” includes any—

(A) applicant for employment;

(B) employee;

(C) supervisor;

(D) manager;

(E) officer of a small business concern who is active in management of

the concern; and

SMALL BUSINESS ACT

186

(F) owner of a small business concern who is active in management of

the concern.

(4) MEDICAL REVIEW OFFICER.—The term “medical review officer”—

(A) means a licensed physician with knowledge of substance abuse

disorders; and

(B) does not include any—

(i) employee of the small business concern; or

(ii) employee or agent of, or any person having a financial

interest in, the laboratory for which the illegal drug test results are being reviewed.

(b) ESTABLISHMENT.—There is established a drug-free workplace demonstration

program, under which the Administrator may make grants to, or enter into cooperative

agreements or contracts with, eligible intermediaries for the purpose of providing financial and

technical assistance to small business concerns seeking to establish a drug-free workplace

program.

(c) PRIVACY PROTECTION FOR EMPLOYEES PARTICIPATING IN A DRUGFREE

WORKPLACE PROGRAM.—Each drug-free workplace program established with

assistance made available under this section shall—

(1) include, as reasonably necessary and appropriate, practices and procedures

to ensure the confidentiality of illegal drug test results and of any participation by an employee in

a rehabilitation program;

(2) prohibit the mandatory disclosure of medical information by an employee

prior to a confirmed positive illegal drug test; and

(3) require that a medical review officer reviewing illegal drug test results

shall report only the final results, limited to those drugs for which the employee tests positive, in

writing and in a manner designed to ensure the confidentiality of the results.

(d) EVALUATION AND COORDINATION. Not later than 18 months after the date

of enactment of the Drug-Free Workplace Act of 1998, the Administrator, in coordination with

the Secretary of Labor, the Secretary of Health and Human Services, and the Director of

National Drug Control Policy, shall—

(1) evaluate the drug-free workplace programs established with assistance

made available under this section; and

SMALL BUSINESS ACT

187

(2) submit to Congress a report describing the results of the evaluation under

paragraph (1).

(e) CONTRACT AUTHORITY.—In carrying out this section, the Administrator

may—

(1) contract with public and private entities to provide assistance related to

carrying out the program under this section; and

(2) compensate those entities for provision of that assistance.

(f) CONSTRUCTION.—Nothing in this section may be construed to require an

employer who attends a program offered by an intermediary to contract for any service offered

by the intermediary.

(g) AUTHORIZATION.—

(1) IN GENERAL.—There is authorized to be appropriated to carry out this

section, $5,000,000 for each of fiscal years 2001 through 2003. Amounts made available under

this subsection shall remain available until expended.

(2) SMALL BUSINESS DEVELOPMENT CENTERS.—Of the total amount

made available under this subsection, not more than the greater of 10 percent or $1,000,000 may

be used to carry out section 21(c)(3)(T).