PRINTER'S NO. 567
No. 530 Session of 1993
INTRODUCED BY BELAN, SALVATORE, O'PAKE, STAPLETON, LAVALLE,
WILLIAMS, AFFLERBACH, BELL, MUSTO, FATTAH, STOUT AND MELLOW,
FEBRUARY 19, 1993
REFERRED TO LABOR AND INDUSTRY, FEBRUARY 19, 1993
AN ACT
1 Establishing an employee assistance program for employees who
2 are dependent on alcohol or drugs; and making an
3 appropriation.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Employee
8 Assistance Plan Act.
9 Section 2. Legislative findings and purpose.
10 (a) Findings.--Dependence on alcohol and other drugs is a
11 workplace problem. It has been estimated that 75% of grievances
12 result from drug and alcohol related incidents. There is a
13 direct correlation between absenteeism rates and drug and
14 alcohol abuse.
15 (b) Purpose.--The purpose of this act is to establish pilot
16 programs to make available to employees drug and alcohol
17 treatment and rehabilitation services without the knowledge of
18 their employers and without peer ostracism.
1 Section 3. Definitions.
2 The following words and phrases when used in this act shall
3 have the meanings given to them in this section unless the
4 context clearly indicates otherwise:
5 "Department." The Department of Labor and Industry of the
6 Commonwealth.
7 "Provider." A facility or program approved by the Department
8 of Health which provides drug and alcohol treatment and
9 rehabilitation services.
10 Section 4. Demonstration programs.
11 (a) Grants.--The department, through grants to providers,
12 shall establish pilot programs for employees who are addicted to
13 alcohol and other drugs.
14 (b) Purpose.--The purpose of the program shall be to provide
15 therapeutic intervention and drug and alcohol treatment and
16 rehabilitation services which will address the needs of alcohol
17 and drug dependent employees.
18 (c) Manner of conducting program.--The programs shall be
19 conducted off the premises of the employer in a confidential
20 manner. An employee shall be eligible to receive services
21 without having to request permission from his employer and
22 without the knowledge of his employer.
23 Section 5. Eligibility for funding.
24 In order to qualify for funding for programs, a provider must
25 meet the following requirements:
26 (1) The provider, or a labor organization, must submit
27 to the department, and receive approval of, a plan to
28 implement and administer a treatment and rehabilitation
29 program.
30 (2) The provider must agree that the identity of any
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1 person seeking services will be kept confidential.
2 (3) The provider shall have the resources to arrange and
3 deliver a comprehensive service and treatment plan for
4 employees. The treatment plan shall be based on the
5 provider's assessment of the alcohol or chemical addiction of
6 the employee as well as other medical, employment and social
7 needs and factors.
8 Section 6. Amount of grant.
9 Grants under this act shall be made in the amount of $1 for
10 each $3 a provider has received from private sources to
11 implement and administer a program.
12 Section 7. Regulations.
13 The department shall promulgate regulations to implement this
14 act.
15 Section 8. Expedited programs.
16 The department shall as soon as is feasible approve and
17 provide funding for at least four pilot programs and shall
18 thereafter approve and provide funding for such other programs
19 as may be necessary to carry out the purpose of this act.
20 Section 9. Appropriation.
21 The sum of $250,000, or as much thereof as may be necessary,
22 is hereby appropriated to the Department of Labor and Industry
23 to implement the provisions of this act.
24 Section 10. Effective date.
25 This act shall take effect in 60 days.
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