Text: H03288 Text: H03290 Text: H03200 - H03299 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 258 as follows: 1 2 #1. By striking everything after the enacting 1 3 clause and inserting the following: 1 4 "Section 1. Section 730.5, subsection 1, Code 1 5 1995, is amended to read as follows: 1 6 1. As used in this section, unless the context 1 7 otherwise requires: 1 8 a."drug"Drug test" means any blood, urine, 1 9 saliva, chemical, or skin tissue test conducted for 1 10 the purpose of detecting the presence of a chemical 1 11 substance in an individual. 1 12 b. "Preemployment" means that period of time 1 13 between when a bona fide offer of employment is made 1 14 and when employment begins. 1 15 Sec. 2. Section 730.5, subsection 3, paragraph a, 1 16 Code 1995, is amended to read as follows: 1 17 a. The employer has probable cause to believe that 1 18 an employee's faculties are impaired on the job. For 1 19 purposes of this paragraph, an employer that does not 1 20 have probable cause to believe that an employee's 1 21 faculties are impaired on the job shall be deemed to 1 22 have probable cause to drug test an employee if the 1 23 employer is investigating an accident in the workplace 1 24 and all of the following conditions are met: 1 25 (1) The employer has reasonable grounds to believe 1 26 that the employee proposed to be tested either 1 27 directly caused or directly contributed to the 1 28 accident. 1 29 (2) The surrounding circumstances do not 1 30 reasonably exclude the possibility that the employee's 1 31 faculties are impaired due to the use of a controlled 1 32 substance or alcohol. 1 33 (3) The accident results in a personal injury 1 34 which requires medical treatment away from the 1 35 workplace or damage to property, including equipment, 1 36 in an amount reasonably estimated to exceed one 1 37 thousand dollars at the time of the accident. 1 38 (4) Prior to the accident, the employer has 1 39 provided the employee to be tested with written notice 1 40 of the employer's rules or policies regarding alcohol 1 41 and controlled substances and testing when a workplace 1 42 accident or injury occurs. 1 43 Sec. 3. Section 730.5, subsection 3, paragraph c, 1 44 Code 1995, is amended to read as follows: 1 45 c. The test sample withdrawn from the employee is 1 46 analyzed by a laboratory or testing facility that has 1 47 been approved under rules adopted by the department of 1 48 public health. The laboratory or testing facility 1 49 shall report to the employer only the presence of 1 50 alcohol or illegal controlled substances in any test 2 1 sample. 2 2 Sec. 4. Section 730.5, subsection 7, Code 1995, is 2 3 amended to read as follows: 2 4 7.A drug test conducted as a part of a physical2 5examination performed as a part of a preemployment2 6physical or as a part of a regularly scheduled2 7physical is only permissibleIn addition to drug 2 8 testing permitted by subsection 3, drug testing of an 2 9 employee or applicant for employment shall also be 2 10 permitted under the following circumstances: 2 11 a. For a preemploymentphysicalapplication 2 12 process, the employer shall include notice that a drug 2 13 test will be part of a preemploymentphysical2 14 application process in any notice or advertisement 2 15 soliciting applicants for employment or in the 2 16 application for employment, and an applicant for 2 17 employment shall be personally informed of the 2 18 requirement for a drug test at the first interview. 2 19 b. For a regularly scheduled physical, the 2 20 employer shall give notice that a drug test will be 2 21 part of the physical at least thirty days prior to the 2 22 date the physical is scheduled. 2 23 c. An employer may require an employee, as a 2 24 condition of employment, to undergo drug testing if 2 25 that employee has been referred by the employer for 2 26 substance abuse evaluation pursuant to subsection 3, 2 27 paragraph "f", and treatment was recommended by the 2 28 evaluation. The employee may be required to undergo 2 29 drug testing without prior notice, but in no case 2 30 shall more than four tests be conducted in the twelve- 2 31 month period following the employee's completion of 2 32 substance abuse treatment if the treatment was 2 33 recommended by the evaluation. 2 34 Drug testing conducted under this subsection shall 2 35 conform to the requirements of subsection 3, 2 36 paragraphs "c", "d", "e", and "f"; however, paragraph 2 37 "f" shall not apply to drug tests conducted as a part 2 38 of a preemploymentphysicalapplication process." 2 39 #2. Title page, line 2, by striking the words 2 40 "providing for employer defenses,". 2 41 2 42 2 43 2 44 WISE of Lee 2 45 2 46 2 47 2 48 KOENIGS of Mitchell 2 49 2 50 3 1 3 2 KREIMAN of Davis 3 3 3 4 3 5 3 6 LARKIN of Lee 3 7 3 8 3 9 3 10 MERTZ of Kossuth 3 11 3 12 3 13 3 14 NELSON of Pottawattamie 3 15 3 16 3 17 3 18 O'BRIEN of Boone 3 19 3 20 3 21 3 22 OLLIE of Clinton 3 23 3 24 3 25 3 26 SHOULTZ of Black Hawk 3 27 3 28 3 29 3 30 WITT of Black Hawk 3 31 HF 258.303 76 3 32 ec/cf
Text: H03288 Text: H03290 Text: H03200 - H03299 Text: H Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: House Bills and Amendments (76th General Assembly)
© 1996 Cornell College and League of Women Voters of Iowa
Comments? webmaster@legis.iowa.gov.
Last update: Thu Feb 8 16:38:58 CST 1996
URL: /DOCS/GA/76GA/Legislation/H/03200/H03289/950310.html
jhf