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Text: H03435                            Text: H03437
Text: H03400 - H03499                   Text: H Index
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House Amendment 3436

Amendment Text

PAG LIN
  1  1    Amend House File 493 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 PUBLIC SAFETY EMPLOYEES OR APPLICANTS
  1  6 REGULATED.
  1  7    1.  As used in this section, unless the context
  1  8 otherwise requires:
  1  9    a.  "Impairment testing" means a noninvasive,
  1 10 computer-assisted test of hand-eye coordination
  1 11 conducted to detect impairment by comparing an
  1 12 employee's current performance level with the
  1 13 employee's previously established baseline level of
  1 14 performance, but not conducted to determine the cause
  1 15 of impairment.
  1 16    b.  "Public safety employee" means an employee of
  1 17 the state or a political subdivision of the state who
  1 18 is a fire fighter or peace officer as defined in
  1 19 section 801.4.
  1 20    2.  An employer shall not require or request
  1 21 applicants for employment as a public safety employee
  1 22 to submit to an impairment test as a condition of
  1 23 preemployment.
  1 24    3.  An employer may require a public safety
  1 25 employee to submit to an impairment test as a
  1 26 condition of employment if the test is administered
  1 27 equitably to all public safety employees in safety-
  1 28 sensitive positions where impairment represents a
  1 29 danger to the safety of the public safety employee,
  1 30 another employee, a member of the public, or the
  1 31 property of the employer.
  1 32    4.  A public safety employee shall not be
  1 33 discharged from employment solely because the results
  1 34 from an impairment test indicate that a public safety
  1 35 employee's faculties are impaired.
  1 36    5.  Impairment test results are not sufficient
  1 37 probable cause to request or require a public safety
  1 38 employee to submit to a drug test.
  1 39    6.  An employer shall protect the confidentiality
  1 40 of the results of any impairment test conducted on a
  1 41 public safety employee.  The results of the test may
  1 42 be recorded in the public safety employee's personnel
  1 43 records."
  1 44    #2.  Title page, line 1, by striking the word
  1 45 "drug" and inserting the following:  "impairment".
  1 46    #3.  Title page, lines 1 and 2, by striking the
  1 47 words "and making penalties applicable".  
  1 48 
  1 49 
  1 50                              
  2  1 RUNNING of Linn
  2  2 HF 493.701 76
  2  3 ec/sc
     

Text: H03435                            Text: H03437
Text: H03400 - H03499                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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