2005 Connecticut Code - Sec. 31-51x. Drug testing: Reasonable suspicion required. Random tests.
Sec. 31-51x. Drug testing: Reasonable suspicion required. Random tests. (a)
No employer may require an employee to submit to a urinalysis drug test unless the
employer has reasonable suspicion that the employee is under the influence of drugs or
alcohol which adversely affects or could adversely affect such employee's job performance. The Labor Commissioner shall adopt regulations in accordance with chapter 54
to specify circumstances which shall be presumed to give rise to an employer having
such a reasonable suspicion, provided nothing in such regulations shall preclude an
employer from citing other circumstances as giving rise to such a reasonable suspicion.
(P.A. 87-551, S. 6, 7; P.A. 91-271, S. 2.)
History: P.A. 91-271 amended Subsec. (a) to require the labor commissioner to adopt regulations specifying circumstances giving rise to reasonable suspicion; (Revisor's note: In 1997 references to "Commissioner of Labor" were changed editorially by the Revisors to "Labor Commissioner" for consistency with customary statutory usage).
Cited. 243 C. 66.
Subsec. (a):
Issue of voluntary testing under the statute should be resolved in manner consistent with federal fourth amendment constitutional law. 244 C. 598. Plaintiff seen as voluntarily consenting to testing in case in which he was motivated by fear that he would be dismissed for attempting to remove employer's property from the plant without authorization. Id.
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