Text: H03317 Text: H03319 Text: H03300 - H03399 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. NEW SECTION. 730.6 IMPAIRMENT
1 5 TESTING OF EMPLOYEES OR APPLICANTS REGULATED.
1 6 1. As used in this section, "impairment testing"
1 7 means a noninvasive, computer-assisted test of hand-
1 8 eye coordination conducted to detect impairment by
1 9 comparing an employee's current performance level with
1 10 the employee's previously established baseline level
1 11 of performance, but not conducted to determine the
1 12 cause of impairment.
1 13 2. An employer shall not require or request
1 14 applicants for employment to submit to an impairment
1 15 test as a condition of preemployment.
1 16 3. An employer may require an employee to submit
1 17 to an impairment test as a condition of employment if
1 18 the test is administered equitably to all employees in
1 19 safety-sensitive positions where impairment represents
1 20 a danger to the safety of the employee, another
1 21 employee, a member of the public, or the property of
1 22 the employer.
1 23 4. An employee shall not be discharged from
1 24 employment solely because the results from an
1 25 impairment test indicate that an employee's faculties
1 26 are impaired.
1 27 5. Impairment test results are not sufficient
1 28 probable cause to request or require an employee to
1 29 submit to a drug test.
1 30 6. An employer shall protect the confidentiality
1 31 of the results of any impairment test conducted on an
1 32 employee. The results of the test may be recorded in
1 33 the employee's personnel records.
1 34 Sec. 2. PILOT PROJECT. The labor commissioner
1 35 shall determine by September 1, 1995, the procedures
1 36 and guidelines for the establishment of a one-year
1 37 pilot project, to be administered by the division of
1 38 labor services of the department of employment
1 39 services and by a qualifying private business
1 40 operating in this state, to study impairment testing.
1 41 Representatives from private businesses employing one
1 42 hundred or more persons in safety-sensitive positions,
1 43 where impairment represents a danger to the safety of
1 44 the employee, another employee, a member of the
1 45 public, or the property of the employer, may submit a
1 46 proposal for a pilot project to study computer-
1 47 assisted impairment testing to the labor commissioner.
1 48 Guidelines established by the labor commissioner shall
1 49 include, but are not limited to, requirements to
1 50 protect the confidentiality of employees tested, and
2 1 shall prohibit testing to determine cause of
2 2 impairment. The business chosen by the labor
2 3 commissioner to implement the pilot project must agree
2 4 to pay fifty percent of the costs of the program. The
2 5 labor commissioner shall submit a report to the
2 6 general assembly outlining and describing the proposed
2 7 pilot project, including the proposed pilot project
2 8 guidelines, by January 1, 1996. If the general
2 9 assembly appropriates moneys, the labor commissioner
2 10 shall authorize implementation of the pilot project.
2 11 At the conclusion of the pilot project, the labor
2 12 commissioner shall submit a report, along with any
2 13 recommendations, to the general assembly."
2 14 #2. Title page, line 1, by striking the word
2 15 "drug" and inserting the following: "impairment".
2 16 #3. Title page, by striking lines 2 through 3 and
2 17 inserting the following: "establishing a pilot
2 18 project concerning impairment testing."
2 19
2 20
2 21
2 22 RUNNING of Linn
2 23 HF 258.304 76
2 24 ec/cf
Text: H03317 Text: H03319 Text: H03300 - H03399 Text: H Index Bills and Amendments: General Index Bill History: General Index
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