Oct 12 2012
we can test for drugs
I had a visit with the membership of the SC Manufacturers Alliance Monday morning. Several in the audience asked why SC can’t simply test for drugs when a claimant applies for unemployment benefits. My answer was that it would require new legislation to pass, but I forgot about a Federal law that would allow SC to test for drugs in certain circumstances.
1-If the claimant lost their job for drug use DEW could test these employees.
2-If the occupation regularly conducts drug testing (as determined under regulations issued by the Secretary of Labor) DEW could test these claimants for drug use. Below is the Federal Law that passed this year in February:
H. R. 3630
SEC. 2105. DRUG TESTING OF APPLICANTS.
Section 303 of the Social Security Act is amended by adding at the end the following:
`(l)(1) Nothing in this Act or any other provision of Federal law shall be considered to prevent a State from enacting legislation to provide for–
`(A) testing an applicant for unemployment compensation for the unlawful use of controlled substances as a condition for receiving such compensation, if such applicant–
`(i) was terminated from employment with the applicant’s most recent employer (as defined under the State law) because of the unlawful use of controlled substances; or
`(ii) is an individual for whom suitable work (as defined under the State law) is only available in an occupation that regularly conducts drug testing (as determined under regulations issued by the Secretary of Labor); or
`(B) denying such compensation to such applicant on the basis of the result of the testing conducted by the State under legislation described in subparagraph (A).
`(2) For purposes of this subsection–
`(A) the term `unemployment compensation’ has the meaning given such term in subsection (d)(2)(A); and
`(B) the term `controlled substance’ has the meaning given such term in section 102 of the Controlled Substances Act (21 U.S.C. 802).’.
One more thing, If a claimant applies for a job and fails a drug test, DEW is currently disqualifying them IF the testing employer notifies DEW (there is not a requirement to).
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