Vermont Statutes Title 21 Sec. 513
Terms Used In Vermont Statutes Title 21 Sec. 513
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Drug: means a drug listed or classified by the U. See
- Drug test: means the procedure of taking and analyzing body fluids or materials from the body for the purpose of detecting the presence of a regulated drug as defined in 18 Vt. See
- Employee: means any person who may be permitted, required, or directed by any employer, in consideration of direct or indirect gain or profit, to perform services. See
- Employer: means any individual, organization, or governmental body, including partnership, association, trustee, estate, corporation, joint stock company, insurance company, or legal representative, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee, or successor thereof, and any common carrier by mail, motor, water, air, or express company doing business in or operating within this State, which has one or more individuals performing services for it within this State, or which has offered or may offer employment to one or more individuals. See
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
§ 513. Drug testing of employees; prohibitions; exceptions
(a) General prohibition. Except as provided in subsection (c) of this section, an employer shall not, as a condition of employment, promotion, or change of status of employment, or as an expressed or implied condition of a benefit or privilege of employment, do any of the following:
(1) request or require that an employee take or submit to a drug test;
(2) administer or attempt to administer a drug test to an employee; or
(3) request or require that an employee consent, directly or indirectly, to a practice prohibited under this subchapter.
(b) Random or company-wide tests. An employer shall not request, require, or conduct random or company-wide drug tests except when such testing is required by federal law or regulation.
(c) Exception. Notwithstanding the prohibition in subsection (a) of this section, an employer may require an individual employee to submit to a drug test if all the following conditions are met:
(1) Probable cause. The employer or an agent of the employer has probable cause to believe the employee is using or is under the influence of a drug on the job.
(2) Employee assistance program. The employer has available for the employee tested a bona fide rehabilitation program for alcohol or drug abuse and such program is provided by the employer or is available to the extent provided by a policy of health insurance or under contract by a nonprofit hospital service corporation.
(3) Employee may not be terminated. The employee may not be terminated if the test result is positive and the employee agrees to participate in and then successfully completes the employee assistance program; however, the employee may be suspended only for the period of time necessary to complete the program, but in no event longer than three months. The employee may be terminated if, after completion of an employee assistance program, the employer subsequently administers a drug test in compliance with subdivisions (1) and (4) of this subsection and the test result is positive.
(4) Administration of test. The drug test is administered in accordance with section 514 of this title. (Added 1987, No. 61, § 1, eff. Sept. 1, 1987.)