HB1358 (2022) Detail

Requiring public and private employers to establish procedures and exceptions for the use of mandatory intrusive testing as a condition of new or continued employment.


HB 1358  - AS INTRODUCED

 

 

2022 SESSION

22-2789

04/11

 

HOUSE BILL 1358

 

AN ACT requiring public and private employers to establish procedures and exceptions for the use of mandatory intrusive testing as a condition of new or continued employment.

 

SPONSORS: Rep. Foster, Hills. 5; Rep. Rollins, Sull. 6; Rep. Comtois, Belk. 7; Rep. Sylvia, Belk. 6; Rep. Johnson, Belk. 3; Rep. Silber, Belk. 2; Rep. Ulery, Hills. 37; Rep. Alliegro, Graf. 7; Rep. Notter, Hills. 21; Rep. Greeson, Graf. 16

 

COMMITTEE: Labor, Industrial and Rehabilitative Services

 

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ANALYSIS

 

This bill requires any public or private employer in the state to allow an employee an exemption from intrusive testing requirements.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

22-2789

04/11

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Two

 

AN ACT requiring public and private employers to establish procedures and exceptions for the use of mandatory intrusive testing as a condition of new or continued employment.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Legislative Intent.  The general court finds that:

I.  The state of New Hampshire has affirmed in statute the natural, essential, and inherent right to individual bodily integrity.  Decisions in regard to each individual’s physical body shall be, whenever possible, the free choice of the individual in a manner most agreeable to the dictates of their own conscience and reason.

II.  Our state constitution proclaims that “no subject shall be hurt, molested, or restrained, in his person, liberty, or estate, for worshiping God in the manner and season most agreeable to the dictates of his own conscience.”

2  New Section; Labor; Protective Legislation; Discrimination in the Workplace.  Amend RSA 275 by inserting after section 41-d the following new section:

275:41-e  Discrimination Based on Testing Exemption Status Prohibited.  

I.  Any public or private employer in this state that mandates intrusive testing as a condition of new or continued employment shall, upon the employee's request for a religious or conscientious objector exemption, grant such exception.  Any public or private employer in this state that mandates intrusive testing as a condition of new or continued employment, using an emergency use or experimental product shall, upon an employee's request, grant an exemption.  

II.  Any public or private employer in this state that mandates intrusive testing as a condition of new or continued employment shall establish policies and procedures to ensure that no employee is harassed or discriminated against due to such employee's testing exemption status.  The policy shall include zero-tolerance treatment of bullying, harassment, or discrimination of an employee based on the employee's testing exemption status.

III.  In this section, "intrusive testing" means any medical testing that requires the penetration or invasion of an individual's body through their skin or penetration of any bodily orifice.

3  Effective Date.  This act shall take effect 60 days after its passage.

Links


Date Body Type
Jan. 27, 2022 House Hearing
Feb. 24, 2022 House Exec Session
House Floor Vote

Bill Text Revisions

HB1358 Revision: 33996 Date: Nov. 20, 2021, 12:08 p.m.

Docket


March 11, 2022: Inexpedient to Legislate: MA VV 03/10/2022 HJ 5


March 3, 2022: Committee Report: Inexpedient to Legislate (Vote 21-0; CC)


Feb. 24, 2022: Executive Session: 02/24/2022 11:30 a.m. LOB305-307


Jan. 27, 2022: Public Hearing: 01/27/2022 1:45 p.m. SHReps Hall


Nov. 20, 2021: Introduced 01/05/2022 and referred to Labor, Industrial and Rehabilitative Services