Section 910IAC3-3-15. Drug testing

   (a) For purposes of this section, a test to determine the illegal use of drugs is not considered a medical examination. Thus, the administration of such a drug test by a covered entity to a job applicant or employee is not a violation of section 10 of this rule. However, this section does not encourage, prohibit, or authorize a covered entity to conduct s [sic.] drug test of s [sic.] job applicant or employee to determine the illegal use of drugs or to make an employment decision based on such test results.

  (b) This section does not encourage, prohibit, or authorize the otherwise lawful exercise by entities subject to the jurisdiction of the Department of Transportation of authority to do the following:

(1) Test employees of entities in, and applicants for, positions involving safety-sensitive duties for the illegal use of drugs or for on-duty impairment by alcohol.

(2) Remove from safety-sensitive positions persons who test positive for illegal use of drugs or on-duty impairment by alcohol under subdivision (1).

  (c) Any information regarding the medical condition or history of any employee or applicant obtained from a test to determine the illegal use of drugs, except information regarding the illegal use of drugs, is subject to section 11 of this rule. (Civil Rights Commission; 910 IAC 3-3-15; filed Dec 31, 1998, 2:10 p.m.: 22 IR 1523; readopted filed Oct 18, 2005, 2:30 p.m.: 29 IR 897; readopted filed Oct 29, 2007, 2:55 p.m.: 20071128-IR-910070566RFA; readopted filed Nov 19, 2013, 9:07 a.m.: 20131218-IR-910130454RFA)