Page:United States Statutes at Large Volume 102 Part 1.djvu/688

 102 STAT. 650

§^^®tynltknml^"^ s^urfty. State and local governments. Energy. Water. Hazardous materials. Transportation. Securities.

PUBLIC LAW 100-347—JUNE 27, 1988 business purpose consists of providing armored car personnel, personnel engaged in the design, installation, and maintenance of security alarm systems, or other uniformed or plainclothes security personnel and whose function includes protection of— (A) facilities, materials, or operations having a significant impact on the health or safety of any State or political subdivision thereof, or the national security of the United States, as determined under rules and regulations issued by the Secretary within 90 days after the date of the enactment of this Act, including—r (i) facilities engaged in the production, transmission, or distribution of electric or nuclear power, (ii) public water supply facilities. (iii) shipments or storage of radioactive or other toxic waste materials, and (iv) public transportation, or (B) Currency, negotiable securities, precious commodities or instrumente, or proprietary information. (2) ACCESS.—The exemption provided under this subsection shall not apply if the test is administered to a prospective employee who would not be employed to protect facilities, materials, operations, or assets referred to in paragraph (1).

(f) EXEMPTION FOR DRUG SECURITY, DRUG THEFT, OR DRUG DIVERSION INVESTIGATIONS.—

(1) IN GENERAL.—Subject to paragraph (2) and sections 8 and 10, this Act shall not prohibit the use of a polygraph test by any employer authorized to manufacture, distribute, or dispense a controlled substance listed in schedule I, II, III, or IV of section 202 of the Controlled Substances Act (21 U.S.C. 812). (2) ACCESS.—The exemption provided under this subsection shall apply— (A) if the test is administered to a prospective employee who would have direct access to the manufacture, storage, distribution, or sale of any such controlled substance; or (B) in the case of a test administered to a current employee, if— (i) the test is administered in connection with an ongoing investigation of criminal or other misconduct involving, or potentially involving, loss or injury to the manufacture, distribution, or dispensing of any such controlled substance by such employer, and (ii) the employee had access to the person or property that is the subject of the investigation. 29 USC 2007.

SEC. 8. RESTRICTIONS ON USE OF EXEMPTIONS. (a) TEST AS BASIS FOR ADVERSE EMPLOYMENT ACTION.— (1) UNDER ONGOING INVESTIGATIONS EXEMPTION.—Except as

• provided in paragraph (2), the exemption under subsection (d) of section 7 shall not apply if an employee is discharged, disciplined, denied employment or promotion, or otherwise discriminated against in any manner on the basis of the analysis of a polygraph test chart or the refusal to take a polygraph test, without additional supporting evidence. The evidence required by such subsection may serve as additional supporting evidence. (2) UNDER OTHER EXEMPTIONS.—In the case of an exemption described in subsection (e) or (f) of such section, the exemption

�