LRB-3039/4
GMM&ARG:sac&eev:rs
2013 - 2014 LEGISLATURE
February 20, 2014 - Introduced by Representatives Kahl and Kuglitsch,
cosponsored by Senators Farrow and Hansen. Referred to Committee on
Energy and Utilities.
AB803,1,7
1An Act to renumber and amend 346.072 (1);
to amend 103.503 (title), 103.503
2(1) (a), 103.503 (1) (c), 103.503 (1) (e), 103.503 (1) (f), 103.503 (1) (g), 103.503 (2),
3103.503 (3) (a) (intro.), 103.503 (3) (a) 2., 103.503 (3) (a) 3., 103.503 (4) (a) (intro.)
4and 346.072 (title); and
to create 103.503 (1) (h), 103.503 (1) (i), 103.503 (4m)
5and 346.072 (1g) of the statutes;
relating to: substance abuse by employees
6performing work on public utility projects located in public rights-of-way and
7passing emergency or roadside service vehicles stopped on or near the highway.
Analysis by the Legislative Reference Bureau
Current law provides for a substance abuse prevention program for laborers,
workers, mechanics, and truck drivers (employees) employed on projects of public
works whose estimated project cost of completion is $48,000 or more for a
single-trade project or $100,000 or more for a multiple-trade project (projects of
public works).
Specifically, current law prohibits an employee from using, possessing,
attempting to possess, distributing, delivering, or being under the influence of a
controlled substance or controlled substance analog (drug), and from using or being
under the influence of alcohol, while performing work on a project of public works
(substance abuse prohibition).
In addition, current law requires a contractor, subcontractor, or agent of a
contractor or subcontractor that is performing work on a project of public works
(employer) to have in place a written program for the prevention of substance abuse
among its employees that, at a minimum, includes all of the following:
1. The substance abuse prohibition specified under current law.
2. A requirement that its employees performing work on a project of public
works submit to random, reasonable suspicion, and post-accident drug and alcohol
testing and to drug and alcohol testing before commencing work on the project.
3. A procedure for notifying an employee who violates the substance abuse
prohibition specified under current law, who tests positive for the presence of a drug
in his or her system, or who refuses to submit to drug or alcohol testing as required
under the employer's substance abuse prevention program that the employee may
not perform work on a project of public works until he or she tests negative for the
presence of drugs in his or her system, is not under the influence of alcohol, and is
approved to commence or return to work on the project in accordance with that
program.
Further, current law requires an employer to immediately remove an employee
from work on a project of public works if any of the following occurs:
1. The employee violates the substance abuse prohibition specified under
current law, tests positive for the presence of a drug in his or her system, or refuses
to submit to drug or alcohol testing as required under the employer's substance abuse
prevention program.
2. An officer or employee of the local governmental unit or state agency that has
contracted for the performance of work on the project (contracting agency) has a
reasonable suspicion that the employee is in violation of the substance abuse
prohibition specified under current law and requests the employer to immediately
remove the employee from work on the project.
Under current law, an employee who is barred or removed from work on a
project of public works may commence or return to work on the project upon his or
her employer providing to the contracting agency documentation showing that the
employee has tested negative for the presence of drugs in his or her system, is not
under the influence of alcohol, and is approved to commence or return to work on the
project in accordance with the employer's substance abuse prevention program.
This bill extends these provisions to employers and employees performing work
on a public utility project, which the bill defines as a project erected, constructed,
repaired, remodeled, or demolished for a public utility on a public right-of-way.
Under the bill:
1. The substance abuse prohibition specified under current law applies to an
employee performing work on a public utility project.
2. An employer performing work on a public utility project is required to have
in place the substance abuse prevention program that is currently required of an
employer performing work on a project of public works.
3. The removal-from-work and return-to-work requirements specified under
current law for employees performing work on projects of public works apply to an
employee performing work on a public utility project.
The bill, however, does not apply to an employee performing work on a public
utility project who is subject to drug or alcohol testing under federal Department of
Transportation regulations requiring such testing of safety-sensitive transportation
employees, commercial motor vehicle operators, and natural gas, hazardous liquids,
or carbon dioxide pipeline employees.
Under current law, authorized emergency vehicles, tow trucks, vehicles used
in highway construction or maintenance (highway work vehicles), and vehicles used
by public utilities are authorized to be equipped with certain flashing warning
lamps.
Also under current law, commonly referred to as the "move over or slow down"
law, if an authorized emergency vehicle giving visual signal or a tow truck or highway
work vehicle displaying flashing warning lamps is parked or standing (parked) on
or within 12 feet of a roadway, the operator of another vehicle approaching the
stopped vehicle must proceed with due regard for all other traffic and do either of the
following: 1) if the roadway has at least two lanes in the applicable direction of travel,
move into a lane that is not nearest the parked emergency vehicle, tow truck, or
highway work vehicle; or 2) if the roadway has only one lane in the applicable
direction of travel or if changing lanes cannot be done safely, slow down while passing
the parked emergency vehicle, tow truck, or highway work vehicle.
This bill modifies the "move over or slow down" law to make it applicable to
vehicles used by public utilities that are displaying flashing warning lights. If such
a vehicle is parked on or within 12 feet of a roadway, the operator of an approaching
vehicle must move over or slow down.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB803,1
1Section
1. 103.503 (title) of the statutes is amended to read:
AB803,3,3
2103.503 (title)
Substance abuse prevention on public works and public
3utility projects.
AB803,2
4Section
2. 103.503 (1) (a) of the statutes is amended to read:
AB803,3,95
103.503
(1) (a) "Accident" means an incident caused, contributed to, or
6otherwise involving an employee that resulted or could have resulted in death,
7personal injury, or property damage and that occurred while the employee was
8performing the work described in s. 66.0903 (4) or 103.49 (2m) on a project
of public
9works or while the employee was performing work on a public utility project.
AB803,3
10Section
3. 103.503 (1) (c) of the statutes is amended to read:
AB803,4,4
1103.503
(1) (c) "Contracting agency" means a local governmental unit, as
2defined in s. 66.0903 (1) (d), or a state agency, as defined in s. 103.49 (1) (f), that has
3contracted for the performance of work on a project
of public works or a public utility
4that has contracted for the performance of work on a public utility project.
AB803,4
5Section
4. 103.503 (1) (e) of the statutes is amended to read:
AB803,4,86
103.503
(1) (e) "Employee" means a laborer, worker, mechanic, or truck driver
7who performs the work described in s. 66.0903 (4) or 103.49 (2m) on a project
of public
8works or on a public utility project.
AB803,5
9Section
5. 103.503 (1) (f) of the statutes is amended to read:
AB803,4,1210
103.503
(1) (f) "Employer" means a contractor, subcontractor, or agent of a
11contractor or subcontractor that performs work on a project
of public works or on a
12public utility project.
AB803,6
13Section
6. 103.503 (1) (g) of the statutes is amended to read:
AB803,4,1514
103.503
(1) (g)
"Project" "
Project of public works" means a project of public
15works that is subject to s. 66.0903 or 103.49.
AB803,7
16Section
7. 103.503 (1) (h) of the statutes is created to read:
AB803,4,2017
103.503
(1) (h) "Public utility" has the meaning given in s. 196.01 (5) and
18includes a telecommunications carrier, as defined in s. 196.01 (8m), an alternative
19telecommunications utility, as defined in s. 196.01 (1d), or a cooperative association
20organized under ch. 185 to furnish gas, light, heat, power, or water to its members.
AB803,8
21Section
8. 103.503 (1) (i) of the statutes is created to read:
AB803,4,2322
103.503
(1) (i) "Public utility project" means a project erected, constructed,
23repaired, remodeled, or demolished for a public utility on a public right-of-way.
AB803,9
24Section
9. 103.503 (2) of the statutes is amended to read:
AB803,5,7
1103.503
(2) Substance abuse prohibited. No employee may use, possess,
2attempt to possess, distribute, deliver, or be under the influence of a drug, or use or
3be under the influence of alcohol, while performing the work described in s. 66.0903
4(4) or 103.49 (2m) on a project
of public works or while performing work on a public
5utility project. An employee is considered to be under the influence of alcohol for
6purposes of this subsection if he or she has an alcohol concentration that is equal to
7or greater than the amount specified in s. 885.235 (1g) (d).
AB803,10
8Section
10. 103.503 (3) (a) (intro.) of the statutes is amended to read:
AB803,5,129
103.503
(3) (a) (intro.) Before an employer may commence work on a project
of
10public works or a public utility project, the employer shall have in place a written
11program for the prevention of substance abuse among its employees. At a minimum,
12the program shall include all of the following:
AB803,11
13Section
11. 103.503 (3) (a) 2. of the statutes is amended to read:
AB803,5,2114
103.503
(3) (a) 2. A requirement that employees performing the work described
15in s. 66.0903 (4) or 103.49 (2m) on a project
of public works or performing work on
16a public utility project submit to random, reasonable suspicion, and post-accident
17drug and alcohol testing and to drug and alcohol testing before commencing work on
18 a the project, except that testing of an employee before commencing work on a
19project is not required if the employee has been participating in a random testing
20program during the 90 days preceding the date on which the employee commenced
21work on the project.
AB803,12
22Section
12. 103.503 (3) (a) 3. of the statutes is amended to read:
AB803,6,223
103.503
(3) (a) 3. A procedure for notifying an employee who violates sub. (2),
24who tests positive for the presence of a drug in his or her system, or who refuses to
25submit to drug or alcohol testing as required under the program that the employee
1may not perform work on a project
of public works or a public utility project until he
2or she meets the conditions specified in sub. (4) (b) 1. and 2.
AB803,13
3Section
13. 103.503 (4) (a) (intro.) of the statutes is amended to read:
AB803,6,104
103.503
(4) (a) (intro.) No employer may permit an employee who violates sub.
5(2), who tests positive for the presence of a drug in his or her system, or who refuses
6to submit to drug or alcohol testing as required under the employer's substance abuse
7prevention program under sub. (3) to perform work on a project
of public works or
8a public utility project until he or she meets the conditions specified in par. (b) 1. and
92. An employer shall immediately remove an employee from work on
such a project
10if any of the following occurs:
AB803,14
11Section
14. 103.503 (4m) of the statutes is created to read: