The Commonwealth of Massachusetts
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PETITION OF:
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In the Year Two Thousand and Seven.
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An Act to prevent private employers and state government to require drug testing as a condition of employment, work of any nature, within Commonwealth of Massachusetts Republic. |
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. A law that ALL Employers, including Labor unions and members therein, and/or appointed agents employed by state or private to include All Government , state agency or private owners of companies or corporations within the state of Massachusetts who are private or foreign who perform any said contracts for projects by the state or though the state or private that come to use the resource of labor by way of the inhabitants , to : lawful citizens or person though permits or alike who are laboring in the state of the Commonwealth of Massachusetts that come to apply or ask or are in fact now employed or cause to hired for labor " at an at will status " or by union contractual or private contract within the jurisdiction or applying within the sovereign State republic of Massachusetts who have in past and shall not be required since the enactment of this law if or Shall by hired though state or privately by any employer will come and is to be restricted from Drug Testing as a condition of employment and there after the enactment of this law The only exemption shall be with due process of law or "probable cause" A employer may drug test a citizen or inhabitant or come to require such testing thereafter employment begins but only for probable cause The act of drug testing for employment as a perquisite shall be illegal under this state law and no person or inhabitant shall be required to be tested for drugs as conditions for employment for any reason what so ever there shall be No exemption for " Probable Cause " upon employment or applying thereof nor shall any contractual agreement stand as legal It shall be a requirement of every employer to show probable cause in writing , or proof by court conviction to test an employee . to issue such cause to the said party or parties , and allow said party or parties to be tested there right to bring suit in any court is hereby protected when an employer come to make or demand and employee to perform such a test under there order or threat or agreement shall be illegal any employee if agreed to be drug tested shall be told of any drug the search is required in detail such test shall be allowed to be executed by there own doctors And it shall be illegal to anyone other then there doctor to be present when the taking is underway any requirement, orders, threat of lost of consideration of employment opportunity without evidence shall be a wrong toward the employee and that all probable cause writs must be given in copy to said employee stating a statement and sign by witness and what drug is under request for testing employee shall not wave any rights at any time . The employer shall provide a sign affidavit with each and every witness act therein and or decision or description that comes too justifying the testing for drugs which is an invadtion to ones person and a search , The affidavit shall state to the Facts and said reason and cause, sign by employer and witness The drug testing agreements being said or any regulation thereto to Law shall require proof to discharge an employee for drug use and the drug test must show impairment at the time of hire The employee shall be paid in full for all time lost when not allowed to work , due to safety issue intill the test is revealed The required Drug testing or performance testing as an issue for perquisite condition of any job applicant within the state concerning there performance duties as employees for applied job opportune shall not be question and shall be illegal by all employers or union agreement or contractual agreements within the jurisdiction of the state or perform within the state
SECTION 2
The drug testing law shall take effect and the objection to all as to protect employment and the right to livelihoods of the inhabitants of Massachusetts The Conclusion of ongoing testing has only come to exclude not by performance but by residue thereby being less then 01% of the state employment force thereby testing any and everyone has not and has fail to show testing has stop industrial accidents by employers and said union agreement and such a win fall as to back credit has been awarded by insurants for such drug free employment programs This shall be illegal in Massachusetts The writing by insurants companies to force the public work force to such invasions of there persons shall be restricted and there contracts will not longer be legal and for cause The employee shall have the right to bring said lawsuit to be heard in the close's court of law to the employees home Employers are restricted to such Testing without " proof of probable cause " while on there property or while under contract or payment of earning The employer shall be restricted beyond that order A witness and his or her signature statement will be consider proof for cause providing a statement is written and to describe what drugs are to be tested , however if having no drugs found in the system of the employee he or she shall have the right to remedy by court action if discharge for this or any related reason Drugs the employer or any one hired by said or employer shall not take action on any other employee coming to the aid of another or vs. or versa that person shall not be restricted for collection a testing purpose nor shall his or her earning be restricted or come to unemployment and if so that person shall be allowed to file for remedy for earning within any court jurisdiction such action if rewarded shall allow 3 times the sum of the earning and court cost shall be rewarded to that employee in any case this apply to the subject as well
SECTION 3
The employer shall have the burden of all cost for testing and re-testing of subjects specimen the employee shall have the right too [ 2] two specimen one must be blood specimen check in by certified record chain of command and one of other All personal shall sign every stage of the collection with time stamp and ID
SECTION 4
All laws or actions to come before this law will be void and null No union labor contracts shall continue to have legal binding between parties if they are inhabitants of the state or state citizens a clause to allow drug testing as a condition of employment shall never again take hold in the state of Massachusetts and just thinking shall be consider a subject to invasions of ones person and right to earn a living It shall be the right of the said employee to not work and bring suit to any employer who continue to drug test as a conditions of employment within the state
Every employer taking up such condition to test any employee shall be fine $250.00 and shall not be wave the employers right to judicial hearing shall;ll not be restricted such action or right shall be heard and the employee shall at such time give notice to being suit If the employee "he or she" agrees to testing for drugs and waves the right that shall be record and held in state record as a waver any action within the courts by them shall be taken to have wave his or her rights within a jurisdiction or venue of Massachusetts That person where he or she resides shall be given a pink license plate for there car , A employer shall lose all rights therein; if testing any employee without his or her permission to any state contracts for life of that person or company or corporation The testing that show no drugs usage shall be posted within the employment work place thereof , however if the records shows such results of drugs the employer shall be allowed to discharge at once no court action shall be entertain If any employer finds drugs within the testing results The state shall be given the test results and criminal action shall be allowed
upon conviction of an employer or employee
If employer is found guilty for testing for drugs as a condition of employment it shall be a felony. Upon conviction in any court of law such violation by said employer shall be punishable in a state jail or prison with a term of five (5) years imprisonment, or fine of $250.00 paid to the state coffer if the state should be the employer the fine shall be wave to the employee
If an employee is found to be convicted of usage of drugs during employment by testing results he shall as well as being discharge and if brought in to court with said results of the test shall be punish by said drug laws and there punishments
SUCH ACTION’S shall be brought in a court of record within the judicial branch of the State, of Commonwealth of Massachusetts having jurisdiction and venue of the crime and it shall be a crime
PROCEDURE to implement this Act:
The Judicial Committee of the Legislature shall within 60 days after enactment of this law, prepare and order the printing of special complaint forms, for use by any citizen or resident alien, living within the geographical jurisdiction of the state known as Commonwealth of Massachusetts , to initiate this criminal action against any employer for drug testing upon employee