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Indiana Drug-Free Workplace

Indiana's approach to ensuring drug-free workplaces is outlined in the Indiana Code Title 22, Labor and Safety, under section 22-9-5-24. This statute allows covered entities to implement several measures to maintain a drug-free environment. These measures include prohibiting the illegal use of drugs and alcohol at the workplace, requiring employees not to be under the influence of drugs or alcohol while at work, and ensuring that employees comply with the requirements established under the Drug-Free Workplace Act of 1988. Furthermore, entities can hold employees to the same standards of job performance and behavior regardless of any drug use or alcoholism, provided that these standards are applied uniformly to all employees.

The statute also addresses compliance with federal regulations related to drug and alcohol use, particularly for employees working in industries regulated by the Department of Defense, Nuclear Regulatory Commission, or Department of Transportation. It clarifies that drug testing to determine illegal drug use is not considered a medical examination and does not directly encourage or prohibit drug testing for employment decisions. The law also respects the authority of entities under the jurisdiction of the U.S. Department of Transportation, especially regarding testing for safety-sensitive positions and the handling of employees found to be impaired by drugs or alcohol while on duty.

Additionally, Indiana enforces a Drug-Free Workplace Certification as mandated by Executive Order No. 90-5, dated April 12, 1990. Contractors and grant recipients are required to make a good faith effort to provide and maintain a drug-free workplace. This includes notifying the state within ten days if any employee is convicted of a drug violation in the workplace. Failure to adhere to this certification can lead to sanctions such as suspension of contract payments, contract termination, or debarment from state contracting opportunities for up to three years. For contracts exceeding $25,000, there are additional requirements, such as publishing a statement to all employees about the prohibition of controlled substances in the workplace, establishing a drug-free awareness program, and taking specific actions against employees who violate drug abuse policies in the workplace.

For more detailed information, you can review the specific statutes and requirements on the official websites of FindLaw and Law Insider.