Text: H03321 Text: H03323 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. Section 730.5, Code 1995, is amended
1 5 by striking the section and inserting in lieu thereof
1 6 the following:
1 7 730.5 DRUG TESTING OF EMPLOYEES OR APPLICANTS
1 8 REGULATED.
1 9 1. As used in this section, unless the context
1 10 otherwise requires:
1 11 a. "Alcohol" means ethyl alcohol, hydrated oxide
1 12 of ethyl, or spirits of wine, from whatever source or
1 13 by whatever process produced.
1 14 b. "Chain of custody" means the methodology of
1 15 tracking specified materials, specimens, or substances
1 16 for the purpose of maintaining control and
1 17 accountability from initial collection to final
1 18 disposition for all such materials, specimens, or
1 19 substances and providing for accountability at each
1 20 stage in handling, testing, and storing materials,
1 21 specimens, or substances and reporting test results.
1 22 c. "Confirmation test", "confirmed test", or
1 23 "confirmed substance abuse test" means a second
1 24 analytical procedure used to identify the presence of
1 25 a specific drug or metabolite in a specimen. The
1 26 confirmation test must be different in scientific
1 27 principle from that of the initial test procedure.
1 28 This confirmation method must be capable of providing
1 29 requisite specificity, sensitivity, and quantitative
1 30 accuracy.
1 31 d. "Drug" or "drugs" means amphetamines,
1 32 cannabinoids, cocaine, phencyclidine, opiates,
1 33 barbiturates, benzodiazepines, methadone,
1 34 methaqualene, propoxyphene, or a metabolite of any
1 35 such substances.
1 36 e. "Employee" means any person who works for
1 37 salary, wages, or other remuneration for an employer,
1 38 including those working part-time or as leased
1 39 employees. "Employee" also means employee as defined
1 40 in section 85.61 and includes the employer, and any
1 41 chief executive officer, president, vice president,
1 42 supervisor, manager, and officer of the employer.
1 43 f. "Employee assistance program (EAP)" means a
1 44 program designed to assist in the identification and
1 45 resolution of job performance problems associated with
1 46 employees impaired by personal concerns. A minimum
1 47 level of core services must include consultation and
1 48 training; professional, confidential, appropriate, and
1 49 timely problem assessment services; short-term problem
1 50 resolution; referrals for appropriate diagnosis,
2 1 treatment, and assistance; follow-up and monitoring;
2 2 employee education; and quality assurance.
2 3 g. "Employer" means a person or entity that is
2 4 subject to the provisions of this section.
2 5 h. "Initial test" means a sensitive, rapid, and
2 6 reliable procedure to identify negative and
2 7 presumptive positive specimens. All initial tests
2 8 shall use an immunoassay procedure or an equivalent
2 9 procedure or shall use a more accurate scientifically
2 10 accepted method approved by the federal department of
2 11 health and human services national laboratory
2 12 certification program or the college of American
2 13 pathologists as such more accurate technology becomes
2 14 available in a cost-effective form.
2 15 i. "Job applicant" means a person who has applied
2 16 for a position and been offered employment subject to
2 17 passing a substance abuse test. A job applicant may
2 18 have begun work pending the results of the substance
2 19 abuse test.
2 20 j. "Manufacture", "sale", "distribution",
2 21 "solicitation", "possession with intent to sell or
2 22 distribute", and "use" shall have the same meaning as
2 23 those terms are used in chapter 124.
2 24 k. "Medical review officer" means a licensed
2 25 physician trained in the field of alcohol and other
2 26 drug testing who provides medical assessment of
2 27 positive test results, requests reanalysis if
2 28 necessary, and makes a determination whether or not
2 29 alcohol or other drug use has occurred.
2 30 l. "Nonprescription medication" means a drug or
2 31 medication authorized pursuant to federal or state law
2 32 for general distribution and use without a
2 33 prescription in the treatment of human disease,
2 34 ailments, or injuries.
2 35 m. "Prescription medication" means a drug or
2 36 medication lawfully prescribed by a physician for an
2 37 individual and taken by the individual only in
2 38 accordance with such prescription.
2 39 n. "Reasonable suspicion testing" means substance
2 40 abuse testing based on evidence that an employee is
2 41 using or has used alcohol or other drugs in violation
2 42 of the employer's policy drawn from specific objective
2 43 and articulable facts and reasonable inferences drawn
2 44 from those facts in light of experience. Among other
2 45 things, such facts and inferences may be based upon,
2 46 but not limited to, any one of the following:
2 47 (1) Observable phenomena while at work, such as
2 48 direct observation of alcohol or other drug use or
2 49 abuse or of the physical symptoms or manifestations of
2 50 being impaired due to alcohol or other drug use.
3 1 (2) Abnormal conduct or erratic behavior while at
3 2 work or a significant deterioration in work
3 3 performance.
3 4 (3) A report of alcohol or other drug use provided
3 5 by a reliable and credible source.
3 6 (4) Evidence that an individual has tampered with
3 7 any substance abuse test during the employee's
3 8 employment with the current employer.
3 9 (5) Evidence that an employee has caused or
3 10 contributed to an accident while at work.
3 11 (6) Evidence that an employee has manufactured,
3 12 sold, distributed, solicited, possessed, used, or
3 13 transferred drugs while working or while on the
3 14 employer's premises or while operating the employer's
3 15 vehicle, machinery, or equipment.
3 16 o. "Rehabilitation program" means an established
3 17 program capable of providing expert identification,
3 18 assessment, and resolution of employee alcohol and
3 19 other drug abuse in a confidential and timely manner.
3 20 This service shall in all cases be provided by persons
3 21 certified as health professionals by the department of
3 22 public health to provide alcohol and other drug
3 23 rehabilitative services.
3 24 p. "Specimen" means urine, blood, breath, hair,
3 25 tissue, or other such sample of the human body capable
3 26 of revealing the presence of alcohol or other drugs or
3 27 their metabolites. Such tests must meet the
3 28 department of public health standards for scientific
3 29 and technical accuracy and afford the opportunity for
3 30 strict forensic chain of custody procedures.
3 31 q. "Substance" means alcohol or other drugs.
3 32 r. "Substance abuse test" or "test" means any
3 33 chemical, biological, or physical instrumental
3 34 analysis administered for the purpose of determining
3 35 the presence or absence of alcohol and other drugs or
3 36 their metabolites.
3 37 s. "Threshold detection level" means the level at
3 38 which the presence of alcohol or other drugs can be
3 39 reasonably expected to be detected by an initial and
3 40 confirmatory test performed by a laboratory meeting
3 41 the standards specified in this section. The
3 42 threshold detection level indicates the level at which
3 43 a valid conclusion can be drawn that the alcohol or
3 44 other drugs are present in the employee's specimen.
3 45 2. It is lawful for an employer to test employees
3 46 or prospective employees for the presence of alcohol
3 47 or other drugs, in accordance with the provisions of
3 48 this section, as a condition of continued employment
3 49 or hiring. However, in order to qualify for
3 50 protection from litigation regarding certain legal
4 1 claims for acting in good faith on the results of a
4 2 substance abuse test, employers must implement and
4 3 maintain a comprehensive drug-free workplace program
4 4 and adhere to the procedural safeguards that demand
4 5 accuracy and fairness as included in this section.
4 6 3. a. A comprehensive drug-free workplace program
4 7 must contain the following elements:
4 8 (1) Written policy statement as provided in
4 9 subsection 4.
4 10 (2) Employee assistance programs or rehabilitation
4 11 resources, in accordance with subsection 5.
4 12 (3) Employee education as provided in subsection
4 13 6.
4 14 (4) Supervisor training in accordance with
4 15 subsection 7.
4 16 (5) Substance abuse testing as provided in
4 17 subsection 8.
4 18 b. In addition to the requirements of paragraph
4 19 "a" of this subsection, a comprehensive drug-free
4 20 workplace program must be implemented in compliance
4 21 with the confidentiality standards provided in
4 22 subsection 9.
4 23 4. A drug-free workplace must provide a written
4 24 policy statement on substance abuse, including
4 25 testing.
4 26 a. At least one time, prior to testing, and each
4 27 year thereafter, all employees and job applicants for
4 28 employment must be given a notice of testing. In
4 29 addition, all employees must be given a written policy
4 30 statement from the employer that contains:
4 31 (1) A general statement of the employer's policy
4 32 on substance abuse, including testing, that shall do
4 33 all of the following:
4 34 (a) Notify employees that the unlawful
4 35 manufacture, sale, distribution, possession, or use of
4 36 alcohol or other drugs is prohibited in the person's
4 37 workplace.
4 38 (b) Identify the types of testing to which an
4 39 employee or job applicant may be required to submit,
4 40 including the basis used to determine when such
4 41 testing will be required.
4 42 (c) Identify the actions the employer may take
4 43 against an employee or job applicant on the basis of a
4 44 positive confirmed test result.
4 45 (2) A statement advising an employee or job
4 46 applicant of the existence of this section.
4 47 (3) A general statement concerning
4 48 confidentiality.
4 49 (4) A statement advising the employee of the
4 50 consequences of a refusal to submit to a substance
5 1 abuse test.
5 2 (5) A statement advising an employee of the
5 3 employee assistance program, external employee
5 4 assistance program, or the employer's resource file of
5 5 employee assistance programs and other persons,
5 6 entities, or organizations designed to assist
5 7 employees with personal or behavioral problems.
5 8 (6) A statement that an employee or job applicant
5 9 who receives a positive confirmed test result may
5 10 contest or explain the result to the employer within
5 11 seven working days after written notification of the
5 12 positive test result.
5 13 (7) A statement informing an employee of the
5 14 provisions of the federal Drug-Free Workplace Act, if
5 15 applicable to the employer.
5 16 b. An employer not having a substance abuse
5 17 testing program shall ensure that at least sixty
5 18 calendar days elapse between a general notice to all
5 19 employees that a substance abuse testing program is
5 20 being implemented and the beginning of the actual
5 21 testing. An employer having a substance abuse testing
5 22 program in place prior to the enactment of this
5 23 legislation shall not be required to provide a sixty-
5 24 day notice period.
5 25 c. An employer shall include notice of substance
5 26 abuse testing on vacancy announcements for those
5 27 positions for which testing is required. Notices of
5 28 the employer's substance abuse testing policy must
5 29 also be posted in appropriate and conspicuous
5 30 locations on the employer's premises, and copies of
5 31 the policy must be made available for inspection by
5 32 the employees or job applicants of the employer during
5 33 regular business hours in the employer's personnel
5 34 office or other suitable locations.
5 35 5. In order for an employer's workplace to qualify
5 36 for the provisions of subsection 2, the following must
5 37 be met:
5 38 a. If an employer has an employee assistance
5 39 program, the employer must inform the employee of the
5 40 benefits and services of the employee assistance
5 41 program. An employer shall post notice of the
5 42 employee assistance program in conspicuous places and
5 43 explore alternative routine and reinforcing means of
5 44 publicizing such services. In addition, the employer
5 45 must provide the employee with notice of the policies
5 46 and procedures regarding access to and utilization of
5 47 the program.
5 48 b. If an employer does not have an employee
5 49 assistance program, the employer must maintain a
5 50 resource file of employee assistance services
6 1 providers, alcohol and other drug abuse programs
6 2 certified by the department of public health, mental
6 3 health providers, and other persons, entities, or
6 4 organizations available to assist employees with
6 5 personal or behavioral problems. The employer shall
6 6 provide all employees information about the existence
6 7 of the resource file and a summary of the information
6 8 contained within the resource file. The summary
6 9 should contain, but need not be limited to, all
6 10 information necessary to access the services listed in
6 11 the resource file. In addition, the employer shall
6 12 post in conspicuous places a listing of multiple
6 13 employee assistance providers in the area.
6 14 6. An employer must provide all employees with an
6 15 education program on alcohol and other drug abuse
6 16 prior to instituting a drug-free workplace program
6 17 under this section. Also, an employer must provide
6 18 all employees with an annual education program on
6 19 alcohol and other drug abuse, in general, and its
6 20 effects on the workplace, specifically. An education
6 21 program for a minimum of one hour should include, but
6 22 is not limited to, the following information:
6 23 a. The explanation of the disease of addiction for
6 24 alcohol and other drugs.
6 25 b. The effects and dangers of the commonly abused
6 26 substances in the workplace.
6 27 c. The company's policies and procedures regarding
6 28 alcohol and other drug use or abuse in the workplace
6 29 and how employees who wish to obtain substance abuse
6 30 treatment can do so.
6 31 7. In order to qualify for the provisions of
6 32 subsection 2, and in addition to the education program
6 33 provided in subsection 6, an employer must provide all
6 34 supervisory personnel a minimum of two hours of
6 35 training prior to the institution of a drug-free
6 36 workplace program under this section, and each year
6 37 thereafter, which should include, but is not limited
6 38 to, the following:
6 39 a. Recognition of evidence of employee alcohol and
6 40 other drug abuse.
6 41 b. Documentation and corroboration of employee
6 42 alcohol and other drug abuse.
6 43 c. Referral of alcohol and other drug-abusing
6 44 employees to the proper treatment providers.
6 45 d. Recognition of the benefits of referring
6 46 alcohol and other drug-abusing employees to treatment
6 47 programs, in terms of employee health and safety and
6 48 company savings.
6 49 e. Explanation of any employee health insurance or
6 50 health maintenance organization coverage for alcohol
7 1 and other drug problems.
7 2 8. In order to qualify for the provisions of
7 3 subsection 2:
7 4 a. All testing conducted by an employer shall be
7 5 in conformity with the standards and procedures
7 6 established in this section and all applicable rules
7 7 adopted pursuant thereto. This section does not
7 8 establish a legal duty for employers to conduct drug
7 9 tests of employees or job applicants. However, if an
7 10 employer fails to maintain a drug-free workplace
7 11 program in accordance with the standards, procedures,
7 12 and rules established in or pursuant to this section,
7 13 the employer shall not qualify for protection from
7 14 litigation regarding certain legal claims for acting
7 15 in good faith on the results of a confirmed substance
7 16 abuse test, as provided in subsection 2.
7 17 b. An employer is required to conduct the
7 18 following types of tests in order to qualify for the
7 19 provisions of subsection 2:
7 20 (1) An employer must require job applicants to
7 21 submit to a substance abuse test after extending an
7 22 offer of employment and may use a refusal to submit or
7 23 a positive confirmed test as a basis for not hiring
7 24 the job applicant.
7 25 (2) An employer must require an employee to submit
7 26 to reasonable suspicion testing.
7 27 (3) An employer must require an employee to submit
7 28 to a substance abuse test if the test is conducted as
7 29 part of a routinely scheduled employee fitness-for-
7 30 duty medical examination that is part of the
7 31 employer's established policy or that is scheduled
7 32 routinely for all members of an employment classi-
7 33 fication or group.
7 34 (4) If the employee in the course of employment
7 35 enters an employee assistance program or
7 36 rehabilitation program as a result of a positive test
7 37 or if the employee has been mandatorily referred to an
7 38 employee assistance program as a result of a positive
7 39 test, the employer must require the employee to submit
7 40 to a substance abuse test as a follow-up to such
7 41 program. However, if an employee voluntarily entered
7 42 the program, follow-up testing is not required. If
7 43 follow-up testing is conducted, the frequency of such
7 44 testing shall be after completion of the program and
7 45 advance notice of the testing date shall not be given
7 46 to the employee and shall be conducted no more than
7 47 four times in the first year following completion of
7 48 the program and no more than three times in the second
7 49 year following completion of the program.
7 50 (5) If the employee has caused or contributed to
8 1 an accident during the course of employment, the
8 2 employer must conduct post-accident testing.
8 3 c. Nothing in this section shall prohibit an
8 4 employer from conducting lawful testing of employees.
8 5 d. All specimen collection and testing under this
8 6 subsection shall be performed in accordance with the
8 7 following procedures:
8 8 (1) A specimen shall be collected in accordance
8 9 with the specimen collection procedures described in
8 10 regulations approved by the federal department of
8 11 health and human services, the college of American
8 12 pathologists, or the United States department of
8 13 transportation regulations for alcohol testing.
8 14 (2) A specimen shall be collected with due regard
8 15 to the privacy of the individual providing the
8 16 specimen, and in a manner reasonably calculated to
8 17 prevent substitution or contamination of the specimen.
8 18 (3) Specimen collection, storage, and
8 19 transportation to the testing site shall be performed
8 20 in a manner that will reasonably preclude specimen
8 21 contamination or adulteration.
8 22 (4) An employee or prospective employee shall have
8 23 an opportunity to provide notification of any
8 24 information that may be considered as relevant to the
8 25 test, including identification of currently or
8 26 recently used prescriptions or nonprescription drugs,
8 27 or other relevant medical information. This may be
8 28 accomplished by providing procedures for review by a
8 29 qualified medical professional in the case of a sample
8 30 that tests "positive" in a confirmatory test.
8 31 (5) Each initial and confirmation test conducted
8 32 under this section, not including the taking or
8 33 collecting of a specimen to be tested, shall be
8 34 conducted by a laboratory certified by the federal
8 35 department of health and human services' national
8 36 laboratory certification program or the college of
8 37 American pathologists as described in paragraph (e) of
8 38 this subsection, or, for alcohol, handled in
8 39 accordance with United States department of
8 40 transportation regulations relating to alcohol
8 41 testing.
8 42 (6) A specimen for a test may be taken or
8 43 collected by any of the following persons:
8 44 (a) A physician, a physician's assistant, a
8 45 registered professional nurse, a licensed practical
8 46 nurse, a nurse practitioner, or a certified paramedic
8 47 who is present at the scene of an accident for the
8 48 purpose of rendering emergency medical service or
8 49 treatment.
8 50 (b) A qualified person certified or employed by a
9 1 laboratory certified by the federal department of
9 2 health and human services' national laboratory
9 3 certification program.
9 4 (c) A qualified person certified or employed by a
9 5 specimen collection company.
9 6 (7) Within seven working days after receipt of a
9 7 positive confirmed test result from the laboratory, an
9 8 employer shall inform an employee or job applicant in
9 9 writing of such positive test result, the consequences
9 10 of such results, and the options available to the
9 11 employee or job applicant.
9 12 (8) The employer shall provide to the employee or
9 13 job applicant, upon request, a copy of the test
9 14 results.
9 15 (9) An initial test having a positive result must
9 16 be verified by a confirmation test, or it shall be
9 17 certified as a negative result.
9 18 (10) An employer who performs drug testing or
9 19 specimen collection shall use chain of custody
9 20 procedures to ensure proper recordkeeping, handling,
9 21 labeling, and identification of all specimens to be
9 22 tested.
9 23 (11) An employer shall pay the cost of all initial
9 24 and confirmation substance abuse tests that the
9 25 employer requires of job applicants or employees.
9 26 (12) An employee or job applicant shall pay the
9 27 cost of any additional tests that the employee or job
9 28 applicant requests.
9 29 (13) If test is conducted based on reasonable
9 30 suspicion, the employer shall promptly detail in
9 31 writing the circumstances that formed the basis of the
9 32 determination that reasonable suspicion existed to
9 33 warrant the testing. A copy of this documentation
9 34 shall be given to the employee and the original
9 35 documentation shall be kept confidential by the
9 36 employer pursuant to subsection 9 and retained by the
9 37 employer for at least one year, or maintained
9 38 throughout the duration of any legal proceedings
9 39 resulting from the testing.
9 40 e. No laboratory may analyze initial or
9 41 confirmation drug specimens unless:
9 42 (1) The laboratory is approved by the national
9 43 laboratory certification program or the college of
9 44 American pathologists.
9 45 (2) The laboratory has written procedures to
9 46 ensure the chain of custody.
9 47 (3) The laboratory follows proper quality control
9 48 procedures including, but not limited to:
9 49 (a) The use of internal quality controls including
9 50 the use of samples of known concentrations that are
10 1 used to check the performance and calibration of
10 2 testing equipment, and periodic use of blind samples
10 3 for overall accuracy.
10 4 (b) An internal review and certification process
10 5 for substance abuse test results, conducted by a
10 6 person qualified to perform that function in the
10 7 testing laboratory.
10 8 (c) Security measures implemented by the testing
10 9 laboratory to preclude adulteration of specimens and
10 10 test results.
10 11 (d) Other necessary and proper actions taken to
10 12 ensure reliable and accurate test results.
10 13 f. A laboratory shall disclose to the employer a
10 14 written test result report within seven working days
10 15 after receipt of the sample. All laboratory reports
10 16 of a substance abuse test result shall, at a minimum,
10 17 state:
10 18 (1) The name and address of the laboratory that
10 19 performed the test and the positive identification of
10 20 the person tested.
10 21 (2) Positive results on confirmation tests only,
10 22 or negative results, as applicable.
10 23 (3) A list of the drugs for which the drug
10 24 analyses were conducted.
10 25 (4) The type of tests conducted for both initial
10 26 and confirmation tests and the minimum cutoff levels
10 27 to establish a positive substance abuse test result.
10 28 No report shall disclose the presence or absence of
10 29 any drug other than a specific drug and its
10 30 metabolites listed pursuant to this section.
10 31 g. Laboratories shall provide technical assistance
10 32 to the employer, employee, or job applicant for the
10 33 purpose of interpreting any positive confirmed test
10 34 results which could have been caused by prescription
10 35 or nonprescription medication taken by the employee or
10 36 job applicant.
10 37 h. All positive initial tests shall be confirmed
10 38 using the gas chromatography/mass spectrometry method
10 39 or an equivalent or more accurate and scientifically
10 40 accepted method approved by the national laboratory
10 41 certification program or the college of American
10 42 pathologists as such technology becomes available in a
10 43 cost-effective form.
10 44 9. a. All information, interviews, reports,
10 45 statements, memoranda, and test results, written or
10 46 otherwise, received by the employer through a
10 47 substance abuse testing program are confidential
10 48 communications as they pertain to the employee only
10 49 and may not be used or received in evidence, obtained
10 50 in discovery, or disclosed in any public or private
11 1 proceedings, except in accordance with this section.
11 2 b. Employers, laboratories, medical review
11 3 officers, and their agents who receive or have access
11 4 to information concerning test results shall keep all
11 5 information confidential. Release of such information
11 6 under any other circumstances shall be solely pursuant
11 7 to a written consent form signed voluntarily by the
11 8 person tested, unless such release is compelled by an
11 9 agency of the state or a court of competent
11 10 jurisdiction or unless deemed appropriate by a pro-
11 11 fessional or occupational licensing board in a related
11 12 disciplinary proceeding. The consent form must
11 13 contain at a minimum:
11 14 (1) The name of the person who is authorized to
11 15 obtain the information.
11 16 (2) The purpose of the disclosure.
11 17 (3) The precise information to be disclosed.
11 18 (4) The duration of the consent.
11 19 (5) The signature of the person authorizing
11 20 release of the information.
11 21 c. Nothing in this section shall be construed to
11 22 call for actions that may violate federal or state
11 23 confidentiality statutes for employee assistance
11 24 professionals and alcohol and other drug abuse
11 25 counseling or treatment providers.
11 26 d. Information on test results shall not be
11 27 released or used in any criminal proceeding against
11 28 the employee or job applicant. Information released
11 29 contrary to this subsection shall be inadmissible as
11 30 evidence in any such criminal proceeding.
11 31 e. Nothing contained in this section shall be
11 32 construed to prohibit the employer, agent of the
11 33 employer, or laboratory conducting a test from having
11 34 access to employee test information when consulting
11 35 with legal counsel in connection with actions related
11 36 to this section or when the information is relevant to
11 37 its defense in a civil or administrative matter.
11 38 10. Upon receipt of a confirmed "positive"
11 39 substance abuse test result that indicates a violation
11 40 of the employer's written policy, or upon the refusal
11 41 of an employee or prospective employee to provide a
11 42 testing sample, an employer may use that confirmed
11 43 test result or test refusal as a valid basis for
11 44 rehabilitative or disciplinary actions, which may
11 45 include, among other actions, any of the following:
11 46 a. A requirement that the employee enroll in an
11 47 employee assistance program, or an employer-provided
11 48 or approved rehabilitation, treatment, or a counseling
11 49 program certified by the department of public health
11 50 as discussed in subsection 5. These may include
12 1 additional substance abuse testing, participation in
12 2 which may be a condition of continued employment, and
12 3 the costs of which may or may not be covered by the
12 4 employer's health plan or policies.
12 5 b. Suspension of the employee, with or without
12 6 pay, for a designated period of time.
12 7 c. Termination of employment.
12 8 d. Refusal to hire a prospective employee.
12 9 e. Other action in conformance with the employer's
12 10 written policy and procedures, including any
12 11 applicable collective bargaining agreement provisions.
12 12 11. a. Nothing in this section shall be construed
12 13 to prevent an employer from establishing reasonable
12 14 work rules relating to employee manufacture, sale,
12 15 distribution, possession, or use of drugs, including
12 16 convictions for drug-related offenses, and taking
12 17 action based upon a violation of any of those rules.
12 18 b. Nothing in this section shall be construed to
12 19 prohibit an employer from conducting medical screening
12 20 or other tests required, permitted, or not disallowed
12 21 by any statute, rule, or regulation for the purpose of
12 22 monitoring exposure of employees to lead, asbestos, or
12 23 other toxic or unhealthy materials in the workplace or
12 24 in the performance of job responsibilities. Such
12 25 screening or tests shall be limited to any rule or
12 26 regulation issued pursuant thereto, unless prior
12 27 written consent of the employee is obtained for other
12 28 tests.
12 29 12. a. Employers shall not have a legal duty to
12 30 request or require an employee or applicant for
12 31 employment to undergo drug testing as authorized in
12 32 this section. A cause of action shall not arise in
12 33 favor of any person based upon the failure of an
12 34 employer to establish a program or policy on substance
12 35 abuse prevention, to implement drug or alcohol
12 36 testing, to request or require any employee or
12 37 applicant for employment to submit to a drug test, or
12 38 to require drug testing as permitted by this section.
12 39 b. Except as otherwise provided in paragraph "c",
12 40 a cause of action shall not arise against an employer
12 41 for any of the following:
12 42 (1) Actions taken by the employer in good faith
12 43 based upon the results of a drug test indicating the
12 44 presence of alcohol or a controlled substance. An
12 45 employer does not act in good faith if the employer
12 46 knew or clearly should have known that the drug test
12 47 result indicating the presence of alcohol or a
12 48 controlled substance was in error and the employer
12 49 ignores the correct result in a willful and reckless
12 50 manner.
13 1 (2) Actions taken, or not taken, by an employer
13 2 based upon a reported negative or inconclusive test
13 3 result, whether the test result is correct or
13 4 incorrect.
13 5 (3) Failure to test for, or if tested for, failure
13 6 to detect alcohol or any specific controlled
13 7 substance, or any medical condition, including any
13 8 mental or physical disorder or condition.
13 9 (4) Not establishing, or if established,
13 10 terminating or suspending, a substance abuse
13 11 prevention or drug testing program or policy.
13 12 c. Except for a cause of action specifically
13 13 provided by this section, a separate cause of action
13 14 for defamation, libel, slander, damage to reputation,
13 15 or other similar cause of action shall not arise
13 16 against an employer, including an individual who is an
13 17 agent or employee of the employer, which has
13 18 established or is maintaining a program of drug
13 19 testing in accordance with this section unless all of
13 20 the following apply:
13 21 (1) Except as specifically authorized by this
13 22 section, the employer discloses the test results to a
13 23 person other than an authorized employee, agent, or
13 24 representative of the employer, the tested employee or
13 25 the tested applicant for employment, or an authorized
13 26 agent or representative of the tested employee or
13 27 applicant.
13 28 (2) The test results disclosed incorrectly
13 29 indicate the presence of alcohol or a controlled
13 30 substance.
13 31 (3) The employer negligently or intentionally
13 32 discloses the results.
13 33 d. For the purposes of this section, the results
13 34 of a drug test conducted in compliance with this
13 35 section are presumed to be valid.
13 36 13. No physician-patient relationship is created
13 37 between an employee or job applicant and an employer,
13 38 medical review officer, or substance abuse testing
13 39 laboratory performing or evaluating a substance abuse
13 40 test solely by the establishment, implementation, or
13 41 administration of a substance abuse testing program.
13 42 14. Nothing in this section shall be construed to
13 43 infringe on, contradict, preempt, or otherwise
13 44 conflict with the valid provisions of any existing
13 45 collective bargaining agreement, or to otherwise
13 46 abridge or infringe on the rights and responsibilities
13 47 of all parties in the collective bargaining process to
13 48 negotiate to agreement on any collective bargaining
13 49 agreement provision. Such contract provisions are
13 50 fully valid and enforceable, notwithstanding the
14 1 provisions of this section."
14 2
14 3
14 4
14 5 JOCHUM of Dubuque
14 6
14 7
14 8
14 9 HARPER of Black Hawk
14 10
14 11
14 12
14 13 BELL of Jasper
14 14
14 15
14 16
14 17 O'BRIEN of Boone
14 18
14 19
14 20
14 21 NELSON of Pottawattamie
14 22
14 23
14 24 ,
14 25 WISE of Lee
14 26 HF 258.503 76
14 27 ec/jw
Text: H03321 Text: H03323 Text: H03300 - H03399 Text: H Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
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