1205-AB63 201410 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 1205 Employment and Training Administration ETA 1200 Department of Labor DOL Middle Class Tax Relief and Job Creation Act of 2012 Provision on Establishing Appropriate Occupations for Drug Testing of Unemployment Compensation Applicants

The Employment and Training Administration of the U.S. Department of Labor (Department) proposes to establish in regulations the occupations that regularly conduct drug testing for State Unemployment Compensation (UC) program purposes.  Section 2105 of the Middle Class Tax Relief and Job Creation Act of 2012 (Pub. L. 112-96) amended section 303 of the Social Security Act (42 U.S.C. 303) by adding subsection (I) to permit States to enact legislation that would allow State UC programs to conduct drug testing on applicants for whom suitable work (as defined under the State law) is available only in an occupation that regularly conducts drug testing or if the applicant was discharged for unlawful use of drugs.  States may deny UC benefits to an applicant who tests positive for drug use under the circumstances just described. The Department is required under 303(I) of the Social Security Act to determine and establish in regulations those occupations that regularly conduct drug testing.

]]> Other Significant Previously Published in The Unified Agenda Proposed Rule Stage No No 20 CFR 620 PL 112-96 title III, Social Security Act (42 USC 301 et seq) Secretary's Order No 6-10 No NPRM 10/09/2014 79 FR 61013 NPRM Comment Period End 12/08/2014 No No State No No No No Adele Gagliardi Administrator, Office of Policy Development and Research 1205 Employment and Training Administration ETA 202 693-3700 gagliardi.adele@dol.gov 200 Constitution Avenue NW., Room N-5641, Washington DC 20210