(a) The following Department of Mental Health and Department of Human Services employees and prospective employees shall be tested for drug and alcohol use:
(1) Applicants for positions that would qualify them as high potential risk employees;
(2) Employees who have had a probable cause referral;
(3) Post-accident employees, as soon as reasonably possible after an accident; and
(4) High potential risk employees.
(b) Only high potential risk employees shall be subject to random testing.
(c) All employees of the Department of Mental Health and Department of Human Services shall be given written notice, issued at least 30 days before the implementation of a drug and alcohol testing program, that the Department of Mental Health and Department of Human Services will implement a drug and alcohol testing program.
(d) No employee may be tested for drug or alcohol use prior to receiving the notice required by subsection (c) of this section.
(e) Conditions giving rise to probable cause must be observed and documented. Supervisors shall be trained in substance abuse recognition and shall receive a second opinion from another supervisor prior to making a probable cause referral.
(f) An employee shall be given one opportunity to seek treatment following a positive test result.
(g) The Department of Mental Health and the Department of Human Services shall procure the services of a contractor to perform the tests required by this subchapter.
(h) All testing conducted by a vendor shall be implemented pursuant to this subchapter.