34-38-8. Employer's disciplinary or rehabilitative actions.
(1) An employer may take an action described in Subsectionif: (2) the employer receives a test result that: indicates a failed test; is confirmed as required by Subsection; and 34-38-6(6) indicates a violation of the employer's written policy; or an employee or prospective employee refuses to provide a sample.
(2) An employer may use a test result or a refusal described in Subsectionas the basis for disciplinary or rehabilitative actions, which may include the following: (1) a requirement that the employee enroll in an employer-approved rehabilitation, treatment, or counseling program, which may include additional drug or alcohol testing, as a condition of continued employment; suspension of the employee with or without pay for a period of time; termination of employment; refusal to hire a prospective employee; or other disciplinary measures in conformance with the employer's usual procedures, including a collective bargaining agreement.