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Drug Testing Laws and RegulationsLaws dealing with drug testing fall into two categories: those that require testing and those that permit and/or encourage testing. An example of the first category is Public Law 102-240, signed by President George Bush on December 18, 1991. That law requires that any company with even one commercial motor vehicle driver must:
These elements are the same as those that had previously been recommended by the U.S. Department of LaborAn example of the second category of law is the Drug-Free Workplace Act of 1988. This law requires federal contractors and those who receive grants from the federal government to maintain a drug-free workplace. The law applies only to companies and individuals who have received a federal contract worth twenty-five thousand dollars or more or who have received a grant in any amount. The law conĀtains a number of specific requirements. Among these are establishing an ongoing drug awareness program, publishing a statement pertaining to drug abuse, signing a statement that the workplace will be maintained in a drug-free condition, and obtaining a statement from any employee who previously has been convicted of violating any statute dealing with drug abuse in the workplace. The law does not require employers to establish a drug testing program. Ironically, the terms of the act have been used by employers to justify the creation of such programs, even though the act says nothing about this point.
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