ASSEMBLY, No. 662

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblyman BAGGER

An Act concerning drug testing of school bus drivers and supplementing chapter 39 of Title 18A of the New Jersey Statutes.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. Every board of education or contractor which employs school bus drivers within the State may test its school bus drivers for usage of controlled dangerous substances as defined in the "New Jersey Controlled Dangerous Substances Act," P.L.1970, c.226 (C.24:21-1 et seq.) and in chapters 35 or 36 of Title 2C of the New Jersey Statutes:

    a. prior to employment;

    b. upon reasonable suspicion that an employee is using or has used a controlled dangerous substance. There is created a rebuttable presumption that the employer had reasonable suspicion to test for controlled dangerous substances if the specimen provided by the employee tested positive in a confirmed test;

    c. on a random basis during the course of employment based upon neutral selection criteria. For the purposes of this subsection the term "neutral selection criteria" shall mean criteria for selecting employees for tests that (1) results in an equal probability that any employee from a group of employees subject to the mechanism will be selected and (2) does not give an employer discretion to waive the selection of any employee selected under the criteria.

    The collection of specimens under this act shall be performed during or immediately after the regular work period for current employees.

    2. A refusal to submit to a test or a positive confirmed test for controlled dangerous substances under this act may serve as the basis for a refusal to hire a prospective employee or the discharge of a current employee unless the employee was using the substance pursuant to a valid prescription or order form.

    3. The collection of specimens and testing under this act shall be performed in accordance with the regulations and guidelines issued by the Department of Education pursuant to section 7 of this act.

    4. All information, reports, statements and test results, written or otherwise, received by the employer through its drug testing program shall be deemed confidential communications and may not be used or disclosed except as may be necessary to effectuate the purposes of this act.

    Any information obtained by an employer pursuant to this act shall be the property of the employer.

    5. Any employer who in good faith implements a drug testing program or procedure pursuant to this act shall not be liable for civil damages arising therefrom except to the extent the complaint establishes a cause of action for defamation of character, libel, slander, or damage to reputation arising from a violation of section 4 of this act.

    Nothing in this section is intended to preclude the protection provided in section 2 of P.L.1971, c.414 (C.2A:62A-4) or otherwise provided by law.

    6. The provisions of the "New Jersey Clinical Laboratory Improvement Act," P.L.1975, c.166 (C.45:9-42.26 et seq.) shall not apply to drug testing performed pursuant to this act.

    7. The State Board of Education, in consultation with the State Attorney General, shall promulgate rules and procedures pursuant to the "Administrative Procedures Act," P.L.1968, c.410 (C.52:14B-1 et seq.) necessary to effectuate the provisions of this act. The Commissioner of Education shall within 60 days following enactment issue guidelines to serve as temporary procedures for effectuating the provisions of this act until such time as the State board promulgates regulations.

    8. This act shall take effect immediately except that sections 1 through 5 shall remain inoperative for a period of 120 days following the release of guidelines by the Department of Education pursuant to section 7 of this act.

STATEMENT

    This bill authorizes boards of education and contractors which employ school bus drivers to perform preemployment and random in-service drug tests on school bus drivers and to perform a drug test on any school bus driver if there exists a reasonable suspicion that the driver is using or had used drugs.

    The random tests must use "neutral selection criteria" so as to be fair to all employees. The refusal to submit to the test or a positive confirmed test result may serve as the basis for the refusal to hire or subject the employee to discharge.

    The bill provides for all information and test results to be confidential and grants immunity to employers against civil damages resulting from the drug testing program required under this act except for damages resulting from a breach of confidentiality.

    The Department of Education, in conjuntion with the Attorney General is directed to promulgate procedures governing the collection of specimens and testing.

Authorizes drug testing for school bus drivers.