Section 170-7-4 - DEPARTMENT OF LABOR REVIEW PROCESSA. Submission 1. Employers wishing to establish a substance abuse testing program after January 1, 1990 shall submit to the Director two copies of the following. a. A signed letter of submission from an authorized company official.b. A written policy in compliance with the authorizing statutes and applicable rules adopted by the Departments of Labor and Human Services.c. Additional submissions which are not part of the policy, but which will assist the Department in reviewing the policy as applicable. i. Description of the method the employer used in consulting with employees in the development of the policy, as well as the substance and impact of that consultation, if applicable.ii. Description of the method the employer used to inform employees of the submission of the plan to the Department, manner and time frame that employees may comment to the Department.iii. Description of the method to be used by the employer to notify employees following approval of the policy. At a minimum, this method must provide each employee with a copy of the approved policy, and a notice as to the effective date(s) on which testing may begin, if applicable.iv. Blank samples of any and all forms, information sheets, or other materials used by the employer with their employees and applicants relating to the substance abuse testing program.v. A copy of a collective bargaining agreement or appropriate sections must be included by those employers having a labor-management agreement concerning substance abuse testing.vi. Any additional detailed information to support employer's rationale for determination of any specific classifications or position titles as appropriate for random or arbitrary testing.vii. Certification by the Department of Human Services of compliance of testing laboratories and procedures with the authorizing statute and appropriate Department of Human Services rules.viii. Certification by the Department of Human Services of compliance of the employee assistance program with the authorizing statute and appropriate Department of Human Services or Office of Substance Abuse rules.ix. Signed employer certification that submittal complies with all applicable statutes and regulations including employee notification requirements. (Note: This can be presented as a part of the transmittal letter in Section 4 A, 1 a.)
2. The Department shall notify the employer in writing of the date it has received the employer's submission.B. Review Process 1. The Department review will be to assure compliance with the authorizing statute and applicable rules.2. The Department shall allow a minimum of ten days to receive employees' written comments before a final approval determination is made. The ten days will start when the employer notifies employees that it has submitted a policy to the Department for consideration, and has made copies available to interested employees or their representative. The comment period will not preclude the Department from starting its review, requesting additional information or clarification, or denying a part or all of a plan that is not in compliance.
3. The Department may consult with the Department of Human Services and/or the Office of Substance Abuse during a review to ensure compliance with their rules or the statute.C. Notification The employer will be notified at the earliest possible date of the need for additional information, clarification, and of the Departments final action.
1. Denial a. The Department may deny approval of an entire policy if it is in noncompliance with the authorizing statute and applicable rules and/or is an incomplete submission.b. A portion of a policy may be denied while other significant portions that are in compliance with the authorizing statutes and applicable rules are approved as long as that part denied is not basic to the whole. Whenever possible, the Department will seek to act on an employer's policy as a whole.c. The Department shall notify the employer in writing of its decision and identify the area(s) where the policy was in noncompliance.2. Approval a. The Department shall notify the employer in writing as to the date of the approval.b. The employer must wait a minimum of thirty (30) days after employees are notified as required by statute and these rules to start Initial testing. Testing of applicants may commence at any time after a policy has been approved.12- 170 C.M.R. ch. 7, § 4