Text: H04228                            Text: H04230
Text: H04200 - H04299                   Text: H Index
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House Amendment 4229

Amendment Text

PAG LIN
  1  1    Amend House File 258, as amended, passed, and
  1  2 reprinted by the House, as follows:
  1  3    #1.  By striking everything after the enacting
  1  4 clause and inserting the following:
  1  5    "Section 1.  Section 730.5, subsection 1, Code
  1  6 1995, is amended to read as follows:
  1  7    1.  As used in this section, unless the context
  1  8 otherwise requires:
  1  9    a.  "drug Drug test" means any blood, urine,
  1 10 saliva, chemical, or skin tissue test conducted for
  1 11 the purpose of detecting the presence of a chemical
  1 12 substance in an individual.
  1 13    b.  "Preemployment" means that period of time
  1 14 between when a bona fide offer of employment is made
  1 15 and when employment begins.
  1 16    Sec. 2.  Section 730.5, subsection 2, Code 1995, is
  1 17 amended to read as follows:
  1 18    2.  Except as provided in subsection 7, an employer
  1 19 shall not require or request employees or applicants
  1 20 for employment to submit to a drug test as a condition
  1 21 of employment, preemployment, promotion, or change in
  1 22 status of employment.  An employer shall not request,
  1 23 require, or conduct random or blanket drug testing of
  1 24 employees.  However, this section does not apply to
  1 25 preemployment drug tests authorized for peace officers
  1 26 or correctional officers of the state, or to drug
  1 27 tests required under federal statutes or under federal
  1 28 regulations adopted as of July 1, 1990 in effect on or
  1 29 before February 16, 1995, or to drug tests conducted
  1 30 pursuant to a nuclear regulatory commission
  1 31 regulation, or to drug tests conducted to determine if
  1 32 an employee is ineligible to receive workers'
  1 33 compensation under section 85.16, subsection 2.
  1 34    The exemption granted by this subsection relating
  1 35 to drug testing pursuant to federal regulations
  1 36 adopted as of July 1, 1990 in effect on or before
  1 37 February 16, 1995, is of no effect, as it applies to a
  1 38 particular regulation, upon a finding by a court of
  1 39 competent jurisdiction, including any appeal of such
  1 40 finding, that the particular regulation is
  1 41 unconstitutional or otherwise invalid.  The decision
  1 42 of a court invalidating any regulation exempted by
  1 43 this section shall not be stayed pending appeal.
  1 44    Sec. 3.  Section 730.5, subsection 3, paragraph a,
  1 45 Code 1995, is amended to read as follows:
  1 46    a.  The employer has probable cause to believe that
  1 47 an employee's faculties are impaired on the job.  For
  1 48 purposes of this paragraph, an employer has probable
  1 49 cause to believe that an employee's faculties are
  1 50 impaired on the job if the employer is investigating
  2  1 an accident in the workplace and all of the following
  2  2 conditions are met:
  2  3    (1)  The employer has reasonable grounds to believe
  2  4 that the employee proposed to be tested either
  2  5 directly caused or directly contributed to the
  2  6 accident.
  2  7    (2)  The employer has reasonable grounds to believe
  2  8 that the employee's faculties were impaired and that
  2  9 the impairment was likely a substantial factor in
  2 10 causing the accident.
  2 11    (3)  The accident results in a personal injury
  2 12 which requires medical treatment away from the
  2 13 workplace or damage to property, including equipment,
  2 14 in an amount reasonably estimated to exceed five
  2 15 thousand dollars at the time of the accident.
  2 16    (4)  Prior to the accident, the employer has
  2 17 provided the employee to be tested with written notice
  2 18 of the employer's rules or policies regarding alcohol
  2 19 and controlled substances and testing when a workplace
  2 20 accident or injury occurs.
  2 21    Sec. 4.  Section 730.5, subsection 3, paragraph c,
  2 22 Code 1995, is amended to read as follows:
  2 23    c.  The test sample withdrawn from the employee is
  2 24 analyzed by a laboratory or testing facility that has
  2 25 been approved under rules adopted by the department of
  2 26 public health.  The laboratory or testing facility
  2 27 shall test for and report to the employer only the
  2 28 presence of alcohol or illegal controlled substances
  2 29 in any test sample.  Upon request by an employee or
  2 30 applicant for employment, the employer shall provide
  2 31 to the employee or applicant the results of any drug
  2 32 test.  The rules adopted by the department of public
  2 33 health shall provide for all of the following:
  2 34    (1)  The initial screening test may utilize
  2 35 immunoassay, thin layer, high performance liquid or
  2 36 gas chromatography, or an equivalent technology.  If
  2 37 the initial test utilizes immunoassay, the test kit
  2 38 must meet the requirements of the United States food
  2 39 and drug administration.
  2 40    (2)  Samples which have tested positive by initial
  2 41 testing, with the exception of alcohol, shall be
  2 42 confirmed by gas chromatography-mass spectrometry or
  2 43 by a scientifically equivalent technique approved by
  2 44 the department.
  2 45    (3)  All initial positive drug test results with
  2 46 the exception of alcohol shall be confirmed by gas
  2 47 chromatography-mass spectrometry or an equivalent test
  2 48 approved by the department before being reported as
  2 49 positive or negative.
  2 50    (4)  All initial positive test results for alcohol
  3  1 shall be confirmed by gas chromatography, or a test
  3  2 that is recognized by the department as an equivalent
  3  3 test before being reported as positive or negative.
  3  4    (5)  Preliminary reports for drugs other than
  3  5 alcohol shall not be issued in the absence of
  3  6 confirmation by gas chromatography-mass spectrometry
  3  7 or a scientifically equivalent test approved by the
  3  8 department.
  3  9    (6)  Complete chain of custody procedures shall be
  3 10 used for referred specimens.  When sample volumes
  3 11 permit, it is recommended that only an aliquot of the
  3 12 original specimen be sent to a reference laboratory.
  3 13    Sec. 5.  Section 730.5, subsection 7, Code 1995, is
  3 14 amended to read as follows:
  3 15    7.  A drug test conducted as a part of a physical
  3 16 examination performed as a part of a preemployment
  3 17 physical or as a part of a regularly scheduled
  3 18 physical is only permissible In addition to drug
  3 19 testing permitted by subsection 3, drug testing of an
  3 20 employee or applicant for employment shall also be
  3 21 permitted under the following circumstances:
  3 22    a.  For a preemployment physical, the employer
  3 23 shall include notice that a drug test will be part of
  3 24 a preemployment physical in any notice or
  3 25 advertisement soliciting applicants for employment or
  3 26 in the application for employment, and an applicant
  3 27 for employment shall be personally informed of the
  3 28 requirement for a drug test at the first interview.
  3 29    b.  For a regularly scheduled physical, the
  3 30 employer shall give notice that a drug test will be
  3 31 part of the physical at least thirty days prior to the
  3 32 date the physical is scheduled.
  3 33    c.  An employer may require an employee, as a
  3 34 condition of employment, to undergo drug testing if
  3 35 that employee has been referred by the employer for
  3 36 substance abuse evaluation pursuant to subsection 3,
  3 37 paragraph "f", and treatment, if recommended by the
  3 38 evaluation.  The employee may be required to undergo
  3 39 drug testing without prior notice, but in no case
  3 40 shall more than two tests be conducted in the twelve-
  3 41 month period following the employee's completion of
  3 42 substance abuse treatment if the treatment was
  3 43 recommended by the evaluation.  A drug test shall not
  3 44 be required of an employee by an employer during drug
  3 45 treatment of the employee, if such testing would
  3 46 duplicate testing of the employee conducted in the
  3 47 course of treatment and the employee has waived
  3 48 confidentiality as to the employer of the results of
  3 49 such testing.  An employer shall not require an
  3 50 employee to submit to drug testing under this
  4  1 paragraph if more than twelve months have elapsed
  4  2 since the employee successfully completed drug
  4  3 treatment and the employee has not had a drug test
  4  4 conducted indicating the presence of alcohol or an
  4  5 illegal controlled substance during that twelve-month
  4  6 period.
  4  7    Drug testing conducted under this subsection shall
  4  8 conform to the requirements of subsection 3,
  4  9 paragraphs "c", "d", "e", and "f"; however, paragraph
  4 10 "f" shall not apply to drug tests conducted as a part
  4 11 of a preemployment physical.
  4 12    Sec. 6.  Section 730.5, Code 1995, is amended by
  4 13 adding the following new subsection:
  4 14    NEW SUBSECTION.  12.  An employer who conducts a
  4 15 drug test pursuant to this section shall, for each
  4 16 fiscal year beginning on or after July 1, 1995, file
  4 17 an annual written report with the labor division of
  4 18 the department of employment services consisting of
  4 19 the following information:
  4 20    a.  The number of drug tests conducted by the
  4 21 employer and the number of employees employed by the
  4 22 employer.
  4 23    b.  The number of drug tests conducted as part of a
  4 24 preemployment application process, a regularly
  4 25 scheduled physical, or as a result of a drug test
  4 26 conducted pursuant to a finding of probable cause as
  4 27 provided by subsection 3, paragraph "a".  Of the drug
  4 28 tests conducted pursuant to a finding of probable
  4 29 cause, the employer shall indicate the number of drug
  4 30 tests conducted as a result of a workplace accident
  4 31 that resulted in personal injury, property damage, or
  4 32 both personal injury and property damage.
  4 33    c.  The number of drug tests that resulted in a
  4 34 confirmed positive test result indicating the presence
  4 35 of alcohol and the number of drug tests that resulted
  4 36 in a confirmed positive test result indicating the
  4 37 presence of an illegal controlled substance.
  4 38    d.  The number of personal injuries, and the dollar
  4 39 loss for property damage, arising out of the use of
  4 40 alcohol and illegal controlled substances by
  4 41 employees.
  4 42    e.  The cost of substance abuse evaluation and
  4 43 treatment for employees."
  4 44    #   .  Title page, line 2, by striking the word
  4 45 "defenses" and inserting the following:  "reporting of
  4 46 drug tests".
  4 47    #2.  By renumbering as necessary.  
  4 48 HF 258S
  4 49 ec/cc/26
     

Text: H04228                            Text: H04230
Text: H04200 - H04299                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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