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H.R. 3853 (ih) To promote drug-free workplace programs. ...
105th CONGRESS 2d Session H. R. 3853 _______________________________________________________________________ AN ACT To promote drug-free workplace programs. 105th CONGRESS 2d Session H. R. 3853 _______________________________________________________________________ AN ACT To promote drug-free workplace programs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Drug-Free Workplace Act of 1998''. SEC. 2. FINDINGS; PURPOSES. (a) Findings.--Congress finds that-- (1) 74 percent of adults who use illegal drugs are employed; (2) small business concerns employ over 50 percent of the Nation's workforce; (3) in over 88 percent of families with children under the age of 18, at least 1 parent is employed; and (4) employees who use and abuse addictive substances increase costs for businesses and risk the health and safety of all employees because-- (A) absenteeism is 66 percent higher among drug users than nondrug users; (B) health benefit utilization is 300 percent higher among drug users than nondrug users; (C) 47 percent of workplace accidents are drug-related; (D) disciplinary actions are 90 percent higher among drug users than nondrug users; and (E) employee turnover is significantly higher among drug users than nondrug users. (b) Purposes.--The purposes of this Act are to-- (1) educate small business concerns about the advantages of a drug-free workplace; (2) provide financial incentives and technical assistance to enable small business concerns to create a drug-free workplace; and (3) assist working parents in keeping their children drug- free. SEC. 3. SENSE OF THE CONGRESS. It is the sense of the Congress that-- (1) businesses should adopt drug-free workplace programs; and (2) States should consider incentives to encourage businesses to adopt drug-free workplace programs. Financial incentives may include-- (A) a reduction in workers' compensation premiums; (B) a reduction in unemployment insurance premiums; and (C) tax deductions in an amount equal to the amount of expenditures for employee assistance programs, treatment, or drug testing. Other incentives may include adoption of liability limitation as recommended by the President's Commission on Model State Drug Laws. SEC. 4. DRUG-FREE WORKPLACE DEMONSTRATION PROGRAM. The Small Business Act (15 U.S.C. 636 et seq.) is amended by-- (1) redesignating sections 31 and 32 as sections 32 and 33, respectively; and (2) inserting the following new section: ``SEC. 31. DRUG-FREE WORKPLACE DEMONSTRATION PROGRAM. ``(a) Establishment.--There is established a drug-free workplace demonstration program, under which the Administration may make grants, cooperative agreements, or contracts to eligible intermediaries for the purpose of providing financial and technical assistance to small business concerns seeking to start a drug-free workplace program. ``(b) Eligibility for Participation.--An intermediary shall be eligible to receive a grant, cooperative agreement, or contract under subsection (a) if it meets the following criteria: ``(1) It is an organization described in section 501(c)(3) or 501(c)(6) of the Internal Revenue Code of 1986 that is exempt from tax under section 5(a) of such Act, a program of such organization, or provides services to such organization. ``(2) Its purpose is to develop comprehensive drug-free workplace programs or to supply drug-free workplace services, or provide other forms of assistance and services to small businesses. ``(3) It has at least 2 years of experience in drug-free workplace programs or in providing assistance and services to small business concerns. ``(4) It has a drug-free workplace policy in effect. ``(c) Requirements for Program.--Any drug-free workplace program developed as a result of this section shall include-- ``(1) a written policy, including a clear statement of expectations for workplace behavior, prohibitions against substances in the workplace, and the consequences of violating such expectations and prohibitions; ``(2) training for at least 2 hours for employees; ``(3) additional training for employees who are parents; ``(4) employee drug testing by a drug testing laboratory certified by the Substance Abuse and Mental Health Services Administration, or approved by the Department of Health and Human Services under the Clinical Laboratories Improvements Act of 1967 (42 U.S.C. 263a), or the College of American Pathologists, and each positive result shall be reviewed by a Licensed Medical Review Officer; ``(5) employee access to an employee assistance program, including assessment, referral, and short-term problem resolution; and ``(6) continuing alcohol and drug abuse prevention program. ``(d) Evaluation and Coordination.--The Small Business Administrator, in coordination with the Secretary of Labor, the Secretary of Health and Human Services, and the Director of the Office of National Drug Control Policy, shall evaluate drug-free workplace programs established as a result of this section and shall submit a report of findings to the Congress not later than 1 year after the date of the enactment of this section. ``(e) Eligible Intermediary.--Any eligible intermediary shall be located in a state, the District of Columbia, or the territories. ``(f) Definition of Employee.--For purposes of this section, the term `employee' includes-- ``(1) supervisors; ``(2) managers; ``(3) officers active in management of the business; and ``(4) owners active in management of the business. ``(g) Construction.--Nothing in this section shall be construed to require an employer who attends a program offered by an intermediary to contract for any services offered as part of a drug-free workplace program. ``(h) Authorization.--There are authorized to be appropriated to carry out the provisions of this section, $10,000,000 for fiscal year 1999 and such sums may remain available until expended.''. SEC. 5. SMALL BUSINESS DEVELOPMENT CENTERS. Section 21(c)(3) of the Small Business Act (15 U.S.C. 648(c)(3)) is amended-- (1) in subparagraph (R) by striking ``and''; (2) in subparagraph (S) by striking the period and inserting ``; and''; and (3) by inserting after subparagraph (S) the following new subparagraph: ``(T) providing information and assistance to small business concerns with respect to developing drug-free workplace programs.''. SEC. 6. CONTRACT AUTHORITY. The Small Business Administrator may contract with and compensate government and private agencies or persons for services related to carrying out the provisions of this Act. SEC. 7. COLLECTION OF DATA AND STUDY. (a) Collection and Study.--The Small Business Administrator shall collect data and conduct a study on-- (1) drug use in the workplace among employees of small business concerns; (2) costs to small business concerns associated with illegal drug use by employees; and (3) a need for assistance in the small business community to develop drug prevention programs. (b) Report.--Not later than 6 months after the date of the enactment of this Act, the Small Business Administrator shall submit a report containing findings and conclusions of the study to the chairmen and ranking members of the Small Business Committees of the House and Senate. Passed the House of Representatives June 23, 1998. Attest: Clerk.
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