Nevada § 284.4065 - Screening tests: General provisions

§ 284.4065. Screening tests: General provisions

1. Except as otherwise provided in subsection 2, an appointing authority may request

an employee to submit to a screening test only if the appointing authority: (a) Reasonably believes, based upon objective facts, that the employee is under the

influence of alcohol or drugs which are impairing the employee's ability to perform

the employee's duties safely and efficiently; (b) Informs the employee of the specific facts supporting its belief pursuant to paragraph

(a), and prepares a written record of those facts; and (c) Informs the employee in writing: (1) Of whether the test will be for alcohol or drugs, or both; (2) That the results of the test are not admissible in any criminal proceeding against

the employee; and (3) That the employee may refuse the test, but that the employee's refusal may result

in the employee's dismissal or in other disciplinary action being taken against the

employee. 2. An appointing authority may request an employee to submit to a screening test if

the employee: (a) Is a law enforcement officer and, during the performance of the employee's duties,

the employee discharges a firearm, other than by accident; (b) During the performance of the employee's duties, drives a motor vehicle in such

a manner as to cause bodily injury to the employee or another person or substantial

damage to property; or (c) Has or is involved in a work-related accident or injury. For the purposes of this subsection, the Commission shall, by regulation, define the

terms “substantial damage to property” and “work-related accident or injury.” 3. An appointing authority may place an employee who submits to a screening test on

administrative leave with pay until the appointing authority receives the results

of the test. 4. An appointing authority shall: (a) Within a reasonable time after an employee submits to a screening test to detect

the general presence of a controlled substance or any other drug, allow the employee

to obtain at the employee's expense an independent test of the employee's urine, blood

or other bodily substance from a laboratory of the employee's choice which is certified

by the United States Department of Health and Human Services. (b) Within a reasonable time after an employee submits to a screening test to detect

the general presence of alcohol, allow the employee to obtain at the employee's expense

an independent test of the employee's blood from a laboratory of the employee's choice. (c) Provide the employee with the written results of the employee's screening test

within 3 working days after it receives those results. 5. An employee is not subject to disciplinary action for testing positive in a screening

test or refusing to submit to a screening test if the appointing authority fails to

comply with the provisions of this section. 6. An appointing authority shall not use a screening test to harass an employee.