(a) An employer or
other covered entity:
(1) May prohibit the
illegal use of drugs and the consumption of alcohol at the workplace by all
employees;
(2) May require that
employees not be under the influence of alcohol or be engaging in the use of
illegal drugs at the workplace;
(3)
May hold an employee who engaged in the use of illegal drugs to the same
qualification standards for employment or job performance and behavior to which
the employer or other covered entity holds its other employees, even if any
unsatisfactory performance or behavior is related to the employee's use of
illegal drugs;
(4) May hold an
employee who is an alcoholic to the same qualification standards for employment
or job performance and behavior to which the employer or other covered entity
holds its other employees, even if any unsatisfactory performance or behavior
is related to the employee's alcoholism, as long as reasonable accommodation,
if requested, is provided for the performance of essential job
functions;
(5) May require that its
employees employed in an industry subject to such regulations comply with the
standards established in the regulations (if any) of federal agencies
including, but not limited to, the Departments of Defense and Transportation,
and of the Nuclear Regulatory Commission, regarding alcohol and the use of
illegal drugs;
(6) May require that
employees employed in sensitive positions comply with the regulations (if any)
of the United States Departments of Defense and Transportation and of the
Nuclear Regulatory Commission that apply to employment in sensitive positions
subject to such regulations; and
(7) May require a medical examination or
inquiry, or both, as permitted in section 12-46-191, or a test or inquiry to
determine the illegal use of drugs. However, this subchapter does not
encourage, prohibit, or authorize an employer or other covered entity to
conduct drug tests of job applicants or employees to determine the illegal use
of drugs or to make an employment decision based on such test
results.
(b) Any
information regarding the medical condition or history of any employee or
applicant obtained from a test to determine the illegal use of drugs, except
information regarding the illegal use of drugs, is subject to the requirements
of section 12-46-191(f).
(c) Under
title I of the Americans with Disabilities Act,
42
U.S.C. §12113(d)(1), the
Secretary of Health and Human Services is to prepare a list, to be updated
annually, of infectious and communicable diseases which can be transmitted
through the handling of food. If a person with a disability is disabled by one
of the infectious or communicable diseases included on this list, and if the
risk of transmitting the disease associated with the handling of food cannot be
eliminated by reasonable accommodation, an employer or other covered entity may
refuse to assign or continue to assign such person to a job involving food
handling. However, if the person with a disability is a current employee, the
employer shall consider whether he or she can be accommodated by reassignment
to a vacant position not involving food handling for which he or she is
qualified.
