Appointing authority authorized to require employee who has consumed drug to obtain clearance from physician; inquiry regarding use of alcohol or drug by employee; preventing employee from continuing work. [Effective through June 30, 2020.]

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1. If an employee informs the employee’s appointing authority that the employee has consumed any drug which could interfere with the safe and efficient performance of the employee’s duties, the appointing authority may require the employee to obtain clearance from the employee’s physician before the employee continues to work.

2. If an appointing authority reasonably believes, based upon objective facts, that an employee’s ability to perform the employee’s duties safely and efficiently:

(a) May be impaired by the consumption of alcohol or other drugs, it may ask the employee whether the employee has consumed any alcohol or other drugs and, if so:

(1) The amount and types of alcohol or other drugs consumed and the time of consumption;

(2) If a controlled substance other than marijuana was consumed, the name of the person who prescribed its use; and

(3) If marijuana was consumed, to provide proof that the employee holds a valid registry identification card to engage in the medical use of marijuana pursuant to chapter 453A of NRS.

(b) Is impaired by the consumption of alcohol or other drugs, it shall prevent the employee from continuing work and transport the employee or cause the employee to be transported safely away from the employee’s place of employment in accordance with regulations adopted by the Commission.

(Added to NRS by 1991, 1349; A 2003, 1449; 2015, 1048)


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