Senate advances workplace drug and alcohol testing bill (HB23); sponsors say program is voluntary, members press for employee protections

Senator May presented HB23 as a multi‑stakeholder bill designed to protect employers, employees and the public by authorizing voluntary workplace drug and alcohol testing and requiring certified laboratory confirmation and medical review of results. "Following confirmation, the employer may take action if they receive a test result that indicates a failed test or indicates the violation of the employer's written policy," May said.Floor questions focused on a provision that appears to limit causes of action against employers that follow the statutory testing procedures. Senator Dayton asked whether an employee would be left without recourse if an inaccurate test were used; the sponsor said the employee can challenge an inaccurate result and that the legislative intent was to protect employers that follow the statutory procedures while also allowing review and verification by medical reviewers and certified labs. The sponsor said clarifying language would be provided before third reading.Final passage was recorded; the bill was read for a third time and recorded as having received 25 yea votes, 0 nays, 4 absent.