NRS284.4065. Screening tests: General provisions.

      1.  Except as otherwise provided in subsection 2, an appointing authority may request an employee to submit to a screening test only if the appointing authority:

      (a) Reasonably believes, based upon objective facts, that the employee is under the influence of alcohol or drugs which are impairing the employee’s ability to perform the employee’s duties safely and efficiently;

      (b) Informs the employee of the specific facts supporting its belief pursuant to paragraph (a), and prepares a written record of those facts; and

      (c) Informs the employee in writing:

             (1) Of whether the test will be for alcohol or drugs, or both;

             (2) That the results of the test are not admissible in any criminal proceeding against the employee; and

             (3) That the employee may refuse the test, but that the employee’s refusal may result in the employee’s dismissal or in other disciplinary action being taken against the employee.

      2.  An appointing authority may request an employee to submit to a screening test if the employee:

      (a) Is a law enforcement officer and, during the performance of the employee’s duties, the employee discharges a firearm, other than by accident; or

      (b) During the performance of the employee’s duties, drives a motor vehicle in such a manner as to cause bodily injury to the employee or another person or substantial damage to property.

Ê For the purposes of this subsection, the Commission shall, by regulation, define the term “substantial damage to property.”

      3.  An appointing authority may place an employee who submits to a screening test on administrative leave with pay until the appointing authority receives the results of the test.

      4.  An appointing authority shall:

      (a) Within a reasonable time after an employee submits to a screening test to detect the general presence of a controlled substance or any other drug, allow the employee to obtain at the employee’s expense an independent test of the employee’s urine or blood from a laboratory of the employee’s choice which is certified by the United States Department of Health and Human Services.

      (b) Within a reasonable time after an employee submits to a screening test to detect the general presence of alcohol, allow the employee to obtain at the employee’s expense an independent test of the employee’s blood from a laboratory of the employee’s choice.

      (c) Provide the employee with the written results of the employee’s screening test within 3 working days after it receives those results.

      5.  An employee is not subject to disciplinary action for testing positive in a screening test or refusing to submit to a screening test if the appointing authority fails to comply with the provisions of this section.

      6.  An appointing authority shall not use a screening test to harass an employee.

      (Added to NRS by 1991, 1350; A 1993, 2253; 1997, 1606; 2003, 1450)