Sec. 4. Notwithstanding IC 22-9-5-24, an operator or a representative of the operator may test a mine employee on the grounds of the mine or off premises at a medical facility:
(1) to determine the illegal use of drugs by the mine employee; or
(2) to determine whether the mine employee has an alcohol concentration equivalent to at least four-hundredths (0.04) grams alcohol per:
(A) one hundred (100) milliliters of the mine employee's blood; or
(B) two hundred ten (210) liters of the mine employee's breath.