Quality Assurance in the Private Sector Drug Testing Act of 1989

Summary

Quality Assurance in the Private Sector Drug Testing Act of 1989 - Amends the Public Health Service Act to prohibit performing toxicological analysis in connection with a drug testing program unless certified. Directs the Secretary of Health and Human Services to establish a program for certifying laboratories for performing drug tests, with annual review of certification criteria. Requires an employer, as a condition of maintaining a drug testing program, to establish a written anti-drug abuse policy and a drug-free awareness program. Declares that nothing in this Act prohibits an employer from requiring a drug test of applicants and, in certain circumstances, employees. Sets forth certain employee protections, including requiring several types of notice and prohibiting: (1) subject to exception, adverse action based on unconfirmed results; and (2) retaliation for exercise of an employee right. Prohibits disclosure of test results, except in specified circumstances. Declares that nothing in this Act prohibits an employer from: (1) taking action necessary to ensure a safe workplace; (2) taking action necessary, including termination, in certain circumstances; (3) requiring certain employees to participate in a treatment program; or (4) refusing to place or reinstate an employee with a confirmed positive test in a sensitive position. Directs the Secretary to establish a program for the certification of laboratories for the performance of toxicological urinalysis conducted for drug testing programs. Requires the certification program to be enforced under the procedures and sanctions in specified provisions relating to the licensing of clinical laboratories. Sets forth procedures for employee complaints of unlawful discharge or discrimination. Directs the Secretary, on a finding of a violation of this Act, to provide relief as the Secretary determines appropriate, including reinstatement, promotion, and the payment of lost wages and benefits. Makes the rights and remedies in these provisions the exclusive rights and remedies for any violation of this Act. Declares the good faith compliance of an employer with the standards and procedures of this Act to constitute an affirmative defense. Declares that this Act does not require an employer to establish a drug testing program or make employment decisions based on test results. Declares that this Act preempts any State or local law or regulation, but does not prohibit the Secretary of Transportation or the Nuclear Regulatory Commission from issuing regulations on drug and alcohol testing. Allows professional athletes to be treated as sensitive employees, except that they are not covered by provisions prohibiting disclosure of test results.

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2 official files

• Introduced in Senate (text)

  Introduced in Senate · EN

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• Introduced in Senate

  summary · EN · 17 November 1989

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