NM cracks down on alcohol at state construction sites

Gov. Bill Richardson’s proposal was in response to the death last month of a worker at a bridge construction site along Interstate 40 in Gallup.

By BARRY MASSEY
The Associated Press

6/26/2008

SANTA FE — Gov. Bill Richardson’s administration plans to require contractors on state construction projects to randomly test their employees for drug and alcohol use.

The governor said Wednesday the proposal was in response to the death last month of a worker at a bridge construction site along Interstate 40 in Gallup. Police say the victim, several other construction crew members and a foreman allegedly had been drinking before the accident, which happened after work hours.

Richardson directed state agencies to implement several requirements in future construction contracts to help stop drinking and drug use at work sites.

Agencies are to propose rules and regulations to implement the contract provisions. The state’s rule-making procedures will allow for comment by the public and industry before new contract provisions are put into place, said S.U. Mahesh, a spokesman for the Department of Transportation. Highway projects account for a large share of state construction contracts.

Under Richardson’s proposal, contractors and subcontractors on state construction projects must:

— Provide for random drug and alcohol testing for all employees who work at construction sites. Contractors must have testing programs to be able to bid on state construction projects. Mahesh said the department requires random drug and alcohol testing for almost half of its workers, including those with commercial driver’s licenses or who work in safety and highway maintenance jobs.

— Check employees each quarter to determine whether they have a valid driver’s license. Mahesh said the checks will help detect workers with suspended or revoked licenses because of drunken driving convictions.

— Implement policies on hiring and firing workers and supervisors with drunken driving convictions or when they lose their driver’s licenses because of drunken driving.

Agencies also are to develop rules for terminating a contract if a contractor’s safety rating drops below a certain standard.

“These measures will give the state broad authority to enforce zero tolerance drug and alcohol policy at state-owned job sites, assess penalties and even terminate state contracts if the violations are proven to be egregious and wanton,” Richardson said in a statement.

Mike Gibson, executive director of the Associated Contractors of New Mexico, said the “lion’s share” of the group’s 200 highway contractors have drug and alcohol testing programs. He said companies risk the loss of their insurance, which is necessary to qualify for state projects, if they have many safety violations. The organization will work with the Transportation Department in developing its contract rules.

“We are very confident that the industry has very stringent drug and alcohol policies and procedures in their companies,” said Gibson.