Home > 105th Congressional Bills > H.R. 3853 (ih) To promote drug-free workplace programs. ...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.
Pages: 1 Other Popular 105th Congressional Bills Documents:
|
| GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information. |
 |