Sec. 12. (a) If an employer complies with the requirements under this chapter, the employer is not liable for a civil action alleging negligent hiring for a negligent action by the employee as a result of the employee's drug addiction in the scope of employment.
(b) Referral and treatment by an employee assistance program is not sufficient to constitute compliance with this chapter unless all the other requirements of this chapter are met.
(c) In a civil action that is against an employer, an employer's agent, or an employer's employee, an employer's participation in a drug education or addiction treatment program is not admissible as evidence.
As added by P.L.195-2018, SEC.9. Amended by P.L.246-2019, SEC.5.
Structure Indiana Code
Article 23. Addiction Services
Chapter 23. Employee Substance Abuse Treatment
12-23-23-0.5. Approval by Commission
12-23-23-3. Employer Electing to Comply
12-23-23-4. Establishment of Best Practice Guidelines
12-23-23-5. Employee Eligibility Requirements
12-23-23-6. Division Responsibilities
12-23-23-7. Guideline Requirements; Employer Authority
12-23-23-8. Violation of Policy; Notification of Treatment Provider
12-23-23-9. Annual Collection of Information by Division; Report