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| DTState Laws 2008 |
July 23, 2008
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STOP:
This section is a basic "how to use" DTState Laws 2008 section. Included
here are demonstrations of how DTState Laws 2008 can be utilized to help
find answers, and, a description of the components of the service.
Subscribers should use the navigation menu at left to begin actual research
on topic.
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DTState Laws 2008 BASICS:
How to use this service: One of the frustrating aspects of any research, is
not knowing today what will be decided tomorrow. Whenever a publication
containing time-sensitive information is produced, it is immediately out of
date the moment it is completed. To address this problem, DTState Laws
2008 provides information delivered in two formats - the convenience of CD-ROM
and the timeliness of the Internet.
On the CD-ROM
Issues Forum
State Library
Federal Rules
Program Development
Canada Info
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On the web site
Issues Forum
State Library
Federal Rules
Program Development
General Q&A
Must See News
What's New
Canada Info
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DTState Laws 2008 Descriptions
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| Feature |
Benefit or Function
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| Issues Forum |
Quick Look for Problem Solving.
(FAQ's w/authority cited)
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| State Library |
Full text of statutes & cases, and, |
| · Employer Notes |
The who, what, where, when and
how of testing in each state
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| Federal Rules |
Federal rules including newly revised 49 CFR Part 40 |
| Program Development |
Overview of start-up issues |
| Canada Info |
Regs and cases |
| General Q&A |
Open discussion area |
| Must See News |
Recent decisions or events of
note
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| What's New |
Listing of all postings to the site since most recent CD-ROM |
| Weekly E-mail Updates |
Listing of all new postings to the site, emailed directly to subscribers each Monday. |
| CD-ROM |
Convenient/easy to carry
Up-dated each November |
| Web Site | Instant update of new material (Nothing like it anywhere). |
| Price | $119.96/year (CD Included) |
| Searchable | Plain English word search of the entire web site. |
| Ask Us | Reference librarian providing
guidance to the correct section of the site in which to find
information.
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Tutorial:
There are as many ways to search for an answer as there are people asking
questions. This service is designed to help employers, program
administrators and providers find answers to questions concerning drug and
alcohol testing laws in each of the states. Whether seeking an answer to a
specific question, or even if the correct question to ask is unknown,
DTState Laws 2008) provides the ability to discover the desired information
in a number of different ways:
- Key Word Search: Do a full web site search, or search a single
file.
- Issues Forum: Find the answer concerning a specific issue through
the Issues Forum. (FAQ's)
- Employer Notes: Go to the state you are interested in, or the
states in which your company operates, and click on the Employer's Notes
button. That will provide state specific information about the who, what,
where, when and how of testing in that state.
- On-line Q&A: Don't know? Ask someone - even better, ask an
experienced someone. Our web site Q&A is monitored by experienced attorneys,
physicians, scientists and program administrators. Your fellow subscribers
can chime in and help out. It is likely that the problem you are wrestling
with today, someone else solved last week.
- Ask Us: While we do not answer specific legal questions, the
"Ask Us" button on the web site acts as your "reference
librarian" providing research assistance when an answer cannot be located.
- NEW TO DRUG/ALCOHOL TESTING? If you're just starting out and have
no idea what questions to ask, you may want/need to consider looking at the
EMPLOYER'S NOTES section of each state in which you operate or those where
you intend to implement your program. The EMPLOYER'S NOTES section will tell
you the who, what, where, when, and how of testing, including things like
whether you have to have a written policy, or if there is a financial
incentive in that state for having a testing program and if so, how to
comply.
- TESTING VETERAN?If you have been involved in drug and alcohol
testing for some time, you know about getting different answers to the
same question from different sources. If you no longer trust anyone else to "tell
you" the answer? That's fine. Do the research yourself. All the data is here
- more than 3,000 court decisions and more than 400 state laws - go get 'em!
Where to find it: Let's look at a couple of examples that will
demonstrate how this service can be used.
Example 1: Your Company's President has told you that the Company is
considering implementing a drug and alcohol-testing program. You have been
selected to find out all there is to know about the subject.
There are a number of ways to find the information that could be useful to
you. First, go to the Program Development section for a brief explanation of
the issues to consider. This section will explain that you must decide . .
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Who will be tested in your Company. (some states limit who can be tested).
What substances (drugs and/or alcohol) you will test for (this too may be limited by state law).
Where will tests take place - in some states you have to pay the reasonable costs of transporting a worker to and from an outside test site.
When will employees be tested? Some states limit when employers can test employees.
How will workers be tested? Some states require certain test methods, others permit more that just urine or breath.
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OTHER issues to consider:
Can you discipline someone who tests positive?
Who pays for the test?
Who can perform the test?
The Program Development section is designed to start you on your way. Once
you have a basic understanding of what you need to consider, you will want
to find answers to specific questions. Many of those answers are waiting
for you here at DTState Laws 2008.
Example 2: You've been testing for some time in four states, but your
Company is expanding operations into three additional states. The question
arises, "Does our existing program comply with state law in the new states?
The quickest way to the answer is to go to the STATE LIBRARY, choose the
appropriate state then go to the Employer Notes button and review the
information for each new state.
You may find out that one of the new states prohibits testing for a
particular substance for which you are currently testing. Do you have to
stop testing for it in order to have a consistent program throughout your
organization? This is a question best put to the GENERAL Q&A.
Example 3: You've heard that it's illegal to do random testing in a
particular state. Your Company does so, and you know that other companies in
the state are doing so. What is the actual law?
There are a number of different steps you may want to take:
- Go to the State Library, click on that state and go to Employer
Notes.
- Go to the Issue Forum, look for the particular issue, determine
which states are affected, click on each state in question, and review the
statute or court case that controls the particular issue in that state.
- Go to the State Library for a complete look at the state's statutes.
We hope you see the value DTState Laws 2008 offers. Please let us know if
you would like to see something else offered by the service.
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