Sec. 4. Notwithstanding IC 22-9-5-24, an operator or a representative of the operator may test a mine employee on the grounds of the mine or off premises at a medical facility:

(1) to determine the illegal use of drugs by the mine employee; or

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Terms Used In Indiana Code 22-10-15-4

(2) to determine whether the mine employee has an alcohol concentration equivalent to at least four-hundredths (0.04) grams alcohol per:

(A) one hundred (100) milliliters of the mine employee’s blood; or

(B) two hundred ten (210) liters of the mine employee’s breath.

As added by P.L.35-2007, SEC.24.