CONGRESSIONAL UPDATE
104th Congress (1996)


HR 4017
"DRUG-FREE WORKPLACE AND PUBLIC SAFETY ASSURANCE ACT OF 1996"
(8/8/96)
Representative Bill Zeliff (R-NH) has introduced HR 4017, the "Drug-Free 
Workplace and Public Safety Assurance Act of 1996.  HR 4017 would amend 
the Americans with Disabilities Act of 1990 and allow employers to deny 
employment in "safety-sensitive" jobs based on a prior medical history 
of habitual illicit drug use or alcoholism.
BACKGROUND: 
The Americans with Disabilities Act of 1990 (ADA) and the Rehabilitation 
Act 1973 provide certain protections from discrimination to individuals 
with alcohol and other drug related problems.  

The ADA protects current and recovering alcoholics from discrimination 
if he or she is qualified to perform the essential functions of a job.  
An employer may be required to provide any accommodation to an alcoholic.  
However, an employer can discipline, discharge or deny employment to an 
alcoholic whose use of alcohol adversely affects job performance or 
conduct.  An employer may also prohibit the use of alcohol in the 
workplace and can require that employees not be under the influence of 
alcohol.

According to Rep. Zeliff, his legislation would "amend the ADA to exclude 
individuals with records of engaging in the abuse of drugs or alcohol from 
protection under the Americans with Disabilities Act regarding 
'safety-sensitive' employment functions (any job in which an employee 
could significantly contribute to an accident or result in loss of human 
life, serious bodily injury or significant property or environmental 
damage would not be open to an individual with the above-described 
history), for the enhanced protection of the public.  This bill would 
prevent suits against employers who, in good faith, transfer or remove 
individuals from 'safety-sensitive' positions who have a provable medical 
history of extensive illegal drug use or alcoholism."

No hearings or votes have been scheduled for HR 4017, and no similar 
legislation has been introduced in the Senate.

If you have further questions about this legislation, please contact our 
Public Policy Office via e-mail:   publicpolicy@ncadd.org.
WHAT YOU CAN DO: 
Write to your representative and to Representative Zeliff and tell them 
that HR 4017 is ill-conceived legislation.  A sample letter is attached.  
Ask staff members, family and friends to write as well.
SAMPLE LETTER: 
The Honorable --
United States House of Representatives
Washington, D.C.  20515

Dear Representative:

I strongly urge you to oppose HR 4017, the "Drug-Free Workplace and 
Public Safety Assurance Act of 1996."  This legislation would 
discriminate against individuals who are in recovery from alcoholism 
and other drug addictions and hinder their of the ability to make a 
living.

HR 4017 would amend the Americans with Disabilities Act of 1990, 
which protects current and recovering alcoholics and recovering drug 
dependent individuals from discrimination, by excluding them from 
protection.  HR 4017 is ill-conceived because the ADA already allows 
employers to discipline, discharge or deny employment to an alcoholic 
whose use of alcohol adversely affects job performance or conduct.  
An employer may also prohibit the use of alcohol in the workplace and 
can require that employees not be under the influence of alcohol.  
Testing for illegal drug use is also permitted under the ADA.

People who are in recovery do not pose a risk to the general public.  
Untold numbers of Americans have successfully completed treatment and 
gone on to alcohol and drug free lives at home and in the work place.  
We need to promote policies that urge and help people find adequate 
and appropriate treatment for their alcoholism and other drug problems 
because we know that treatment works.  Let's implement policies that 
encourage them to work during their recovery--not make them fearful 
of losing their job.

Thank you for your time and consideration.

Sincerely,