161e

In all those cases in which § 161d of this title is not applicable, the employer may require or request employees, candidates for employment and candidates to re-entry, to submit to a controlled substances detection test as a condition to continue in their employment, under the following circumstances, among others:(a) When an accident occurs in the workplace, attributable to the employee, in connection with his/her functions and during working hours. The employee shall not be submitted to the controlled substances detection tests if he/she is not in full control of his/her mental faculties because of the accident, unless a medical order provides otherwise.(b) When there is reasonable individualized suspicion that the employee is using controlled substances. The test shall be made within the term of twenty-four (24) hours.(c) As a pre-condition for recruitment and as part of a general physical-medical examination, required from all candidates for employment.(d) Follow up tests: If an employee, in the course of his/her work, is admitted to a rehabilitation program, the employer may require such employee to submit to follow-up tests as needed. History —Aug. 8, 1997, No.

ests: If an employee, in the course of his/her work, is admitted to a rehabilitation program, the employer may require such employee to submit to follow-up tests as needed. History —Aug. 8, 1997, No. 59, § 8, eff. 180 days after Aug. 8, 1997.