Text: HF00257 Text: HF00259 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 730.5, Code 1995, is amended by
1 2 striking the section and inserting in lieu thereof the
1 3 following:
1 4 730.5 DRUG TESTING OF EMPLOYEES OR APPLICANTS REGULATED.
1 5 1. As used in this section, unless the context otherwise
1 6 requires:
1 7 a. "Alcohol" means ethyl alcohol, hydrated oxide of ethyl,
1 8 or spirits of wine, from whatever source or by whatever
1 9 process produced.
1 10 b. "Chain of custody" means the methodology of tracking
1 11 specified materials, specimens, or substances for the purpose
1 12 of maintaining control and accountability from initial
1 13 collection to final disposition for all such materials,
1 14 specimens, or substances and providing for accountability at
1 15 each stage in handling, testing, and storing materials,
1 16 specimens, or substances and reporting test results.
1 17 c. "Confirmation test", "confirmed test", or "confirmed
1 18 substance abuse test" means a second analytical procedure used
1 19 to identify the presence of a specific drug or metabolite in a
1 20 specimen. The confirmation test must be different in
1 21 scientific principle from that of the initial test procedure.
1 22 This confirmation method must be capable of providing
1 23 requisite specificity, sensitivity, and quantitative accuracy.
1 24 d. "Drug" or "drugs" means amphetamines, cannabinoids,
1 25 cocaine, phencyclidine, opiates, barbiturates,
1 26 benzodiazepines, methadone, methaqualene, propoxyphene, or a
1 27 metabolite of any such substances.
1 28 e. "Employee" means any person who works for salary,
1 29 wages, or other remuneration for an employer, including those
1 30 working part-time or as leased employees. "Employee" also
1 31 means employee as defined in section 85.61 and includes the
1 32 employer, and any chief executive officer, president, vice
1 33 president, supervisor, manager, and officer of the employer.
1 34 f. "Employee assistance program (EAP)" means a program
1 35 designed to assist in the identification and resolution of job
2 1 performance problems associated with employees impaired by
2 2 personal concerns. A minimum level of core services must
2 3 include consultation and training; professional, confidential,
2 4 appropriate, and timely problem assessment services; short-
2 5 term problem resolution; referrals for appropriate diagnosis,
2 6 treatment, and assistance; follow-up and monitoring; employee
2 7 education; and quality assurance.
2 8 g. "Employer" means a person or entity that is subject to
2 9 the provisions of this section.
2 10 h. "Initial test" means a sensitive, rapid, and reliable
2 11 procedure to identify negative and presumptive positive
2 12 specimens. All initial tests shall use an immunoassay
2 13 procedure or an equivalent procedure or shall use a more
2 14 accurate scientifically accepted method approved by the
2 15 federal department of health and human services national
2 16 laboratory certification program or the college of American
2 17 pathologists as such more accurate technology becomes
2 18 available in a cost-effective form.
2 19 i. "Job applicant" means a person who has applied for a
2 20 position and been offered employment subject to passing a
2 21 substance abuse test. A job applicant may have begun work
2 22 pending the results of the substance abuse test.
2 23 j. "Manufacture", "sale", "distribution", "solicitation",
2 24 "possession with intent to sell or distribute", and "use"
2 25 shall have the same meaning as those terms are used in chapter
2 26 124.
2 27 k. "Medical review officer" means a licensed physician
2 28 trained in the field of alcohol and other drug testing who
2 29 provides medical assessment of positive test results, requests
2 30 reanalysis if necessary, and makes a determination whether or
2 31 not alcohol or other drug use has occurred.
2 32 l. "Nonprescription medication" means a drug or medication
2 33 authorized pursuant to federal or state law for general
2 34 distribution and use without a prescription in the treatment
2 35 of human disease, ailments, or injuries.
3 1 m. "Prescription medication" means a drug or medication
3 2 lawfully prescribed by a physician for an individual and taken
3 3 by the individual only in accordance with such prescription.
3 4 n. "Reasonable suspicion testing" means substance abuse
3 5 testing based on evidence that an employee is using or has
3 6 used alcohol or other drugs in violation of the employer's
3 7 policy drawn from specific objective and articulable facts and
3 8 reasonable inferences drawn from those facts in light of
3 9 experience. Among other things, such facts and inferences may
3 10 be based upon, but not limited to, any one of the following:
3 11 (1) Observable phenomena while at work, such as direct
3 12 observation of alcohol or other drug use or abuse or of the
3 13 physical symptoms or manifestations of being impaired due to
3 14 alcohol or other drug use.
3 15 (2) Abnormal conduct or erratic behavior while at work or
3 16 a significant deterioration in work performance.
3 17 (3) A report of alcohol or other drug use provided by a
3 18 reliable and credible source.
3 19 (4) Evidence that an individual has tampered with any
3 20 substance abuse test during the employee's employment with the
3 21 current employer.
3 22 (5) Evidence that an employee has caused or contributed to
3 23 an accident while at work.
3 24 (6) Evidence that an employee has manufactured, sold,
3 25 distributed, solicited, possessed, used, or transferred drugs
3 26 while working or while on the employer's premises or while
3 27 operating the employer's vehicle, machinery, or equipment.
3 28 o. "Rehabilitation program" means an established program
3 29 capable of providing expert identification, assessment, and
3 30 resolution of employee alcohol and other drug abuse in a
3 31 confidential and timely manner. This service shall in all
3 32 cases be provided by persons certified as health professionals
3 33 by the department of public health to provide alcohol and
3 34 other drug rehabilitative services.
3 35 p. "Specimen" means urine, blood, breath, hair, tissue, or
4 1 other such sample of the human body capable of revealing the
4 2 presence of alcohol or other drugs or their metabolites. Such
4 3 tests must meet the department of public health standards for
4 4 scientific and technical accuracy and afford the opportunity
4 5 for strict forensic chain of custody procedures.
4 6 q. "Substance" means alcohol or other drugs.
4 7 r. "Substance abuse test" or "test" means any chemical,
4 8 biological, or physical instrumental analysis administered for
4 9 the purpose of determining the presence or absence of alcohol
4 10 and other drugs or their metabolites.
4 11 s. "Threshold detection level" means the level at which
4 12 the presence of alcohol or other drugs can be reasonably
4 13 expected to be detected by an initial and confirmatory test
4 14 performed by a laboratory meeting the standards specified in
4 15 this section. The threshold detection level indicates the
4 16 level at which a valid conclusion can be drawn that the
4 17 alcohol or other drugs are present in the employee's specimen.
4 18 2. It is lawful for an employer to test employees or
4 19 prospective employees for the presence of alcohol or other
4 20 drugs, in accordance with the provisions of this section, as a
4 21 condition of continued employment or hiring. However, in
4 22 order to qualify for protection from litigation regarding
4 23 certain legal claims for acting in good faith on the results
4 24 of a substance abuse test, employers must implement and
4 25 maintain a comprehensive drug-free workplace program and
4 26 adhere to the procedural safeguards that demand accuracy and
4 27 fairness as included in this section.
4 28 3. a. A comprehensive drug-free workplace program must
4 29 contain the following elements:
4 30 (1) Written policy statement as provided in subsection 4.
4 31 (2) Employee assistance programs or rehabilitation
4 32 resources, in accordance with subsection 5.
4 33 (3) Employee education as provided in subsection 6.
4 34 (4) Supervisor training in accordance with subsection 7.
4 35 (5) Substance abuse testing as provided in subsection 8.
5 1 b. In addition to the requirements of paragraph "a" of
5 2 this subsection, a comprehensive drug-free workplace program
5 3 must be implemented in compliance with the confidentiality
5 4 standards provided in subsection 9.
5 5 c. In addition to the requirements of paragraph "a", an
5 6 employer shall, in order to maintain a comprehensive drug-free
5 7 workplace program that qualifies for the protections of this
5 8 section, submit a report annually to the Iowa department of
5 9 public health documenting the number of tests conducted, the
5 10 results of the tests conducted, and the direct costs
5 11 associated with the testing.
5 12 4. A drug-free workplace must provide a written policy
5 13 statement on substance abuse, including testing.
5 14 a. At least one time, prior to testing, and each year
5 15 thereafter, all employees and job applicants for employment
5 16 must be given a notice of testing. In addition, all employees
5 17 must be given a written policy statement from the employer
5 18 that contains:
5 19 (1) A general statement of the employer's policy on
5 20 substance abuse, including testing, that shall do all of the
5 21 following:
5 22 (a) Notify employees that the unlawful manufacture, sale,
5 23 distribution, possession, or use of alcohol or other drugs is
5 24 prohibited in the person's workplace.
5 25 (b) Identify the types of testing to which an employee or
5 26 job applicant may be required to submit, including the basis
5 27 used to determine when such testing will be required.
5 28 (c) Identify the actions the employer may take against an
5 29 employee or job applicant on the basis of a positive confirmed
5 30 test result.
5 31 (2) A statement advising an employee or job applicant of
5 32 the existence of this section.
5 33 (3) A general statement concerning confidentiality.
5 34 (4) A statement advising the employee of the consequences
5 35 of a refusal to submit to a substance abuse test.
6 1 (5) A statement advising an employee of the employee
6 2 assistance program, external employee assistance program, or
6 3 the employer's resource file of employee assistance programs
6 4 and other persons, entities, or organizations designed to
6 5 assist employees with personal or behavioral problems.
6 6 (6) A statement that an employee or job applicant who
6 7 receives a positive confirmed test result may contest or
6 8 explain the result to the employer within seven working days
6 9 after written notification of the positive test result.
6 10 (7) A statement informing an employee of the provisions of
6 11 the federal Drug-Free Workplace Act, if applicable to the
6 12 employer.
6 13 b. An employer not having a substance abuse testing
6 14 program shall ensure that at least sixty calendar days elapse
6 15 between a general notice to all employees that a substance
6 16 abuse testing program is being implemented and the beginning
6 17 of the actual testing. An employer having a substance abuse
6 18 testing program in place prior to the enactment of this
6 19 legislation shall not be required to provide a sixty-day
6 20 notice period.
6 21 c. An employer shall include notice of substance abuse
6 22 testing on vacancy announcements for those positions for which
6 23 testing is required. Notices of the employer's substance
6 24 abuse testing policy must also be posted in appropriate and
6 25 conspicuous locations on the employer's premises, and copies
6 26 of the policy must be made available for inspection by the
6 27 employees or job applicants of the employer during regular
6 28 business hours in the employer's personnel office or other
6 29 suitable locations.
6 30 5. In order for an employer's workplace to qualify for the
6 31 provisions of subsection 2, the following must be met:
6 32 a. If an employer has an employee assistance program, the
6 33 employer must inform the employee of the benefits and services
6 34 of the employee assistance program. An employer shall post
6 35 notice of the employee assistance program in conspicuous
7 1 places and explore alternative routine and reinforcing means
7 2 of publicizing such services. In addition, the employer must
7 3 provide the employee with notice of the policies and
7 4 procedures regarding access to and utilization of the program.
7 5 b. If an employer does not have an employee assistance
7 6 program, the employer must maintain a resource file of
7 7 employee assistance services providers, alcohol and other drug
7 8 abuse programs certified by the department of public health,
7 9 mental health providers, and other persons, entities, or
7 10 organizations available to assist employees with personal or
7 11 behavioral problems. The employer shall provide all employees
7 12 information about the existence of the resource file and a
7 13 summary of the information contained within the resource file.
7 14 The summary should contain, but need not be limited to, all
7 15 information necessary to access the services listed in the
7 16 resource file. In addition, the employer shall post in
7 17 conspicuous places a listing of multiple employee assistance
7 18 providers in the area.
7 19 6. An employer must provide all employees with an
7 20 education program on alcohol and other drug abuse prior to
7 21 instituting a drug-free workplace program under this section.
7 22 Also, an employer must provide all employees with an annual
7 23 education program on alcohol and other drug abuse, in general,
7 24 and its effects on the workplace, specifically. An education
7 25 program for a minimum of one hour should include, but is not
7 26 limited to, the following information:
7 27 a. The explanation of the disease of addiction for alcohol
7 28 and other drugs.
7 29 b. The effects and dangers of the commonly abused
7 30 substances in the workplace.
7 31 c. The company's policies and procedures regarding alcohol
7 32 and other drug use or abuse in the workplace and how employees
7 33 who wish to obtain substance abuse treatment can do so.
7 34 7. In order to qualify for the provisions of subsection 2,
7 35 and in addition to the education program provided in
8 1 subsection 6, an employer must provide all supervisory
8 2 personnel a minimum of two hours of training prior to the
8 3 institution of a drug-free workplace program under this
8 4 section, and each year thereafter, which should include, but
8 5 is not limited to, the following:
8 6 a. Recognition of evidence of employee alcohol and other
8 7 drug abuse.
8 8 b. Documentation and corroboration of employee alcohol and
8 9 other drug abuse.
8 10 c. Referral of alcohol and other drug-abusing employees to
8 11 the proper treatment providers.
8 12 d. Recognition of the benefits of referring alcohol and
8 13 other drug-abusing employees to treatment programs, in terms
8 14 of employee health and safety and company savings.
8 15 e. Explanation of any employee health insurance or health
8 16 maintenance organization coverage for alcohol and other drug
8 17 problems.
8 18 8. In order to qualify for the provisions of subsection 2:
8 19 a. All testing conducted by an employer shall be in
8 20 conformity with the standards and procedures established in
8 21 this section and all applicable rules adopted pursuant
8 22 thereto. This section does not establish a legal duty for
8 23 employers to conduct drug tests of employees or job
8 24 applicants. However, if an employer fails to maintain a drug-
8 25 free workplace program in accordance with the standards,
8 26 procedures, and rules established in or pursuant to this
8 27 section, the employer shall not qualify for protection from
8 28 litigation regarding certain legal claims for acting in good
8 29 faith on the results of a confirmed substance abuse test, as
8 30 provided in subsection 2.
8 31 b. An employer must conduct at least one of the following
8 32 types of tests in order to qualify for the provisions of
8 33 subsection 2:
8 34 (1) An employer may require job applicants to submit to a
8 35 substance abuse test after extending an offer of employment
9 1 and may use a refusal to submit or a positive confirmed test
9 2 as a basis for not hiring the job applicant. An employer may
9 3 request or require a particular job applicant to submit to a
9 4 substance abuse test pursuant to this subparagraph only if
9 5 that employer requests or requires the same test of all job
9 6 applicants or entering employees in the same job category.
9 7 (2) An employer may require an employee to submit to
9 8 reasonable suspicion testing.
9 9 (3) An employer may require an employee to submit to a
9 10 substance abuse test if the test is conducted as part of a
9 11 routinely scheduled employee fitness-for-duty medical
9 12 examination that is part of the employer's established policy
9 13 or that is scheduled routinely for all members of an
9 14 employment classification or group.
9 15 (4) If the employee in the course of employment enters an
9 16 employee assistance program or rehabilitation program as a
9 17 result of a positive test or if the employee has been
9 18 mandatorily referred to an employee assistance program as a
9 19 result of a positive test, the employer must require the
9 20 employee to submit to a substance abuse test as a follow-up to
9 21 such program. However, if an employee voluntarily entered the
9 22 program, follow-up testing is not required. If follow-up
9 23 testing is conducted, the frequency of such testing shall be
9 24 after completion of the program and advance notice of the
9 25 testing date shall not be given to the employee and shall be
9 26 conducted no more than four times in the first year following
9 27 completion of the program and no more than three times in the
9 28 second year following completion of the program.
9 29 (5) If the employee has caused or contributed to an
9 30 accident during the course of employment, which accident
9 31 results in a personal injury requiring medical treatment away
9 32 from the workplace or in damage to property, including
9 33 equipment, in an amount reasonably estimated at the time of
9 34 the accident to exceed one thousand dollars the employer may
9 35 conduct post-accident testing.
10 1 c. Nothing in this section shall prohibit an employer from
10 2 conducting lawful testing of employees.
10 3 d. All specimen collection and testing under this
10 4 subsection shall be performed in accordance with the following
10 5 procedures:
10 6 (1) A specimen shall be collected in accordance with the
10 7 specimen collection procedures described in regulations
10 8 approved by the federal department of health and human
10 9 services, the college of American pathologists, or the United
10 10 States department of transportation regulations for alcohol
10 11 testing.
10 12 (2) A specimen shall be collected with due regard to the
10 13 privacy of the individual providing the specimen, and in a
10 14 manner reasonably calculated to prevent substitution or
10 15 contamination of the specimen.
10 16 (3) Specimen collection, storage, and transportation to
10 17 the testing site shall be performed in a manner that will
10 18 reasonably preclude specimen contamination or adulteration.
10 19 (4) An employee or prospective employee shall have an
10 20 opportunity to provide notification of any information that
10 21 may be considered as relevant to the test, including
10 22 identification of currently or recently used prescriptions or
10 23 nonprescription drugs, or other relevant medical information.
10 24 This may be accomplished by providing procedures for review by
10 25 a qualified medical professional in the case of a sample that
10 26 tests "positive" in a confirmatory test.
10 27 (5) Each initial and confirmation test conducted under
10 28 this section, not including the taking or collecting of a
10 29 specimen to be tested, shall be conducted by a laboratory
10 30 certified by the federal department of health and human
10 31 services' national laboratory certification program or the
10 32 college of American pathologists as described in paragraph (e)
10 33 of this subsection, or, for alcohol, handled in accordance
10 34 with United States department of transportation regulations
10 35 relating to alcohol testing.
11 1 (6) A specimen for a test may be taken or collected by any
11 2 of the following persons:
11 3 (a) A physician, a physician's assistant, a registered
11 4 professional nurse, a licensed practical nurse, a nurse
11 5 practitioner, or a certified paramedic who is present at the
11 6 scene of an accident for the purpose of rendering emergency
11 7 medical service or treatment.
11 8 (b) A qualified person certified or employed by a
11 9 laboratory certified by the federal department of health and
11 10 human services' national laboratory certification program.
11 11 (c) A qualified person certified or employed by a specimen
11 12 collection company.
11 13 (7) Within seven working days after receipt of a positive
11 14 confirmed test result from the laboratory, an employer shall
11 15 inform an employee or job applicant in writing of such
11 16 positive test result, the consequences of such results, and
11 17 the options available to the employee or job applicant.
11 18 (8) The employer shall provide to the employee or job
11 19 applicant, upon request, a copy of the test results.
11 20 (9) An initial test having a positive result must be
11 21 verified by a confirmation test, or it shall be certified as a
11 22 negative result.
11 23 (10) An employer who performs drug testing or specimen
11 24 collection shall use chain of custody procedures to ensure
11 25 proper recordkeeping, handling, labeling, and identification
11 26 of all specimens to be tested.
11 27 (11) An employer shall pay the cost of all initial and
11 28 confirmation substance abuse tests that the employer requires
11 29 of job applicants or employees.
11 30 (12) An employee or job applicant shall pay the cost of
11 31 any additional tests that the employee or job applicant
11 32 requests.
11 33 (13) If test is conducted based on reasonable suspicion,
11 34 the employer shall promptly detail in writing the
11 35 circumstances that formed the basis of the determination that
12 1 reasonable suspicion existed to warrant the testing. A copy
12 2 of this documentation shall be given to the employee and the
12 3 original documentation shall be kept confidential by the
12 4 employer pursuant to subsection 9 and retained by the employer
12 5 for at least one year, or maintained throughout the duration
12 6 of any legal proceedings resulting from the testing.
12 7 e. No laboratory may analyze initial or confirmation drug
12 8 specimens unless:
12 9 (1) The laboratory is approved by the national laboratory
12 10 certification program or the college of American pathologists.
12 11 (2) The laboratory has written procedures to ensure the
12 12 chain of custody.
12 13 (3) The laboratory follows proper quality control
12 14 procedures including, but not limited to:
12 15 (a) The use of internal quality controls including the use
12 16 of samples of known concentrations that are used to check the
12 17 performance and calibration of testing equipment, and periodic
12 18 use of blind samples for overall accuracy.
12 19 (b) An internal review and certification process for
12 20 substance abuse test results, conducted by a person qualified
12 21 to perform that function in the testing laboratory.
12 22 (c) Security measures implemented by the testing
12 23 laboratory to preclude adulteration of specimens and test
12 24 results.
12 25 (d) Other necessary and proper actions taken to ensure
12 26 reliable and accurate test results.
12 27 f. A laboratory shall disclose to the employer a written
12 28 test result report within seven working days after receipt of
12 29 the sample. All laboratory reports of a substance abuse test
12 30 result shall, at a minimum, state:
12 31 (1) The name and address of the laboratory that performed
12 32 the test and the positive identification of the person tested.
12 33 (2) Positive results on confirmation tests only, or
12 34 negative results, as applicable.
12 35 (3) A list of the drugs for which the drug analyses were
13 1 conducted.
13 2 (4) The type of tests conducted for both initial and
13 3 confirmation tests and the minimum cutoff levels to establish
13 4 a positive substance abuse test result. No report shall
13 5 disclose the presence or absence of any drug other than a
13 6 specific drug and its metabolites listed pursuant to this
13 7 section.
13 8 g. Laboratories shall provide technical assistance to the
13 9 employer, employee, or job applicant for the purpose of
13 10 interpreting any positive confirmed test results which could
13 11 have been caused by prescription or nonprescription medication
13 12 taken by the employee or job applicant.
13 13 h. All positive initial tests shall be confirmed using the
13 14 gas chromatography/mass spectrometry method or an equivalent
13 15 or more accurate and scientifically accepted method approved
13 16 by the national laboratory certification program or the
13 17 college of American pathologists as such technology becomes
13 18 available in a cost-effective form.
13 19 9. a. All information, interviews, reports, statements,
13 20 memoranda, and test results, written or otherwise, received by
13 21 the employer through a substance abuse testing program are
13 22 confidential communications as they pertain to the employee
13 23 only and may not be used or received in evidence, obtained in
13 24 discovery, or disclosed in any public or private proceedings,
13 25 except in accordance with this section.
13 26 b. Employers, laboratories, medical review officers, and
13 27 their agents who receive or have access to information
13 28 concerning test results shall keep all information
13 29 confidential. Release of such information under any other
13 30 circumstances shall be solely pursuant to a written consent
13 31 form signed voluntarily by the person tested, unless such
13 32 release is compelled by an agency of the state or a court of
13 33 competent jurisdiction or unless deemed appropriate by a pro-
13 34 fessional or occupational licensing board in a related
13 35 disciplinary proceeding. The consent form must contain at a
14 1 minimum:
14 2 (1) The name of the person who is authorized to obtain the
14 3 information.
14 4 (2) The purpose of the disclosure.
14 5 (3) The precise information to be disclosed.
14 6 (4) The duration of the consent.
14 7 (5) The signature of the person authorizing release of the
14 8 information.
14 9 c. Nothing in this section shall be construed to call for
14 10 actions that may violate federal or state confidentiality
14 11 statutes for employee assistance professionals and alcohol and
14 12 other drug abuse counseling or treatment providers.
14 13 d. Information on test results shall not be released or
14 14 used in any criminal proceeding against the employee or job
14 15 applicant. Information released contrary to this subsection
14 16 shall be inadmissible as evidence in any such criminal
14 17 proceeding.
14 18 e. Nothing contained in this section shall be construed to
14 19 prohibit the employer, agent of the employer, or laboratory
14 20 conducting a test from having access to employee test
14 21 information when consulting with legal counsel in connection
14 22 with actions related to this section or when the information
14 23 is relevant to its defense in a civil or administrative
14 24 matter.
14 25 f. Notwithstanding the provisions of this section,
14 26 information on a confirmed positive substance abuse test
14 27 result may be used under any of the following circumstances:
14 28 (1) In grievance arbitration or other proceeding pursuant
14 29 to a collective bargaining agreement, an administrative
14 30 hearing or proceeding under chapter 85, 96, or 216 or other
14 31 applicable state or local law, or in a judicial proceeding,
14 32 provided that the information is relevant to and concerns the
14 33 specific tested employee or applicant for employment involved
14 34 in the grievance arbitration, hearing, or proceeding.
14 35 (2) The information may be disclosed to any federal agency
15 1 or other unit of the federal government as required by federal
15 2 law, regulation, or order, or in accordance with compliance
15 3 requirements of a contract with the federal government.
15 4 (3) The information may be disclosed to a substance abuse
15 5 treatment facility for the purpose of evaluation or treatment
15 6 of the employee.
15 7 10. Upon receipt of a confirmed "positive" substance abuse
15 8 test result that indicates a violation of the employer's
15 9 written policy, or upon the refusal of an employee or
15 10 prospective employee to provide a testing sample, an employer
15 11 may use that confirmed test result or test refusal as a valid
15 12 basis for rehabilitative or disciplinary actions, which may
15 13 include, among other actions, any of the following:
15 14 a. A requirement that the employee enroll in an employee
15 15 assistance program, or an employer-provided or approved
15 16 rehabilitation, treatment, or a counseling program certified
15 17 by the department of public health as discussed in subsection
15 18 5. These may include additional substance abuse testing,
15 19 participation in which may be a condition of continued
15 20 employment, and the costs of which may or may not be covered
15 21 by the employer's health plan or policies.
15 22 b. Suspension of the employee, with or without pay, for a
15 23 designated period of time.
15 24 c. Termination of employment.
15 25 d. Refusal to hire a prospective employee.
15 26 e. Other action in conformance with the employer's written
15 27 policy and procedures, including any applicable collective
15 28 bargaining agreement provisions.
15 29 11. a. Nothing in this section shall be construed to
15 30 prevent an employer from establishing reasonable work rules
15 31 relating to employee manufacture, sale, distribution,
15 32 possession, or use of drugs, including convictions for drug-
15 33 related offenses, and taking action based upon a violation of
15 34 any of those rules.
15 35 b. Nothing in this section shall be construed to prohibit
16 1 an employer from conducting medical screening or other tests
16 2 required, permitted, or not disallowed by any statute, rule,
16 3 or regulation for the purpose of monitoring exposure of
16 4 employees to lead, asbestos, or other toxic or unhealthy
16 5 materials in the workplace or in the performance of job
16 6 responsibilities. Such screening or tests shall be limited to
16 7 any rule or regulation issued pursuant thereto, unless prior
16 8 written consent of the employee is obtained for other tests.
16 9 12. a. Employers shall not have a legal duty to request
16 10 or require an employee or applicant for employment to undergo
16 11 drug testing as authorized in this section. A cause of action
16 12 shall not arise in favor of any person based upon the failure
16 13 of an employer to establish a program or policy on substance
16 14 abuse prevention, to implement drug or alcohol testing, to
16 15 request or require any employee or applicant for employment to
16 16 submit to a drug test, or to require drug testing as permitted
16 17 by this section.
16 18 b. Except as otherwise provided in paragraph "c", a cause
16 19 of action shall not arise against an employer for any of the
16 20 following:
16 21 (1) Actions taken by the employer in good faith based upon
16 22 the results of a drug test indicating the presence of alcohol
16 23 or a controlled substance. An employer does not act in good
16 24 faith if the employer knew or clearly should have known that
16 25 the drug test result indicating the presence of alcohol or a
16 26 controlled substance was in error and the employer ignores the
16 27 correct result in a willful and reckless manner.
16 28 (2) Actions taken, or not taken, by an employer based upon
16 29 a reported negative or inconclusive test result, whether the
16 30 test result is correct or incorrect.
16 31 (3) Failure to test for, or if tested for, failure to
16 32 detect alcohol or any specific controlled substance, or any
16 33 medical condition, including any mental or physical disorder
16 34 or condition.
16 35 (4) Not establishing, or if established, terminating or
17 1 suspending, a substance abuse prevention or drug testing
17 2 program or policy.
17 3 c. Except for a cause of action specifically provided by
17 4 this section, a separate cause of action for defamation,
17 5 libel, slander, damage to reputation, or other similar cause
17 6 of action shall not arise against an employer, including an
17 7 individual who is an agent or employee of the employer, which
17 8 has established or is maintaining a program of drug testing in
17 9 accordance with this section unless all of the following
17 10 apply:
17 11 (1) Except as specifically authorized by this section, the
17 12 employer discloses the test results to a person other than an
17 13 authorized employee, agent, or representative of the employer,
17 14 the tested employee or the tested applicant for employment, or
17 15 an authorized agent or representative of the tested employee
17 16 or applicant.
17 17 (2) The test results disclosed incorrectly indicate the
17 18 presence of alcohol or a controlled substance.
17 19 (3) The employer negligently or intentionally discloses
17 20 the results.
17 21 d. For the purposes of this section, the results of a drug
17 22 test conducted in compliance with this section are presumed to
17 23 be valid.
17 24 13. No physician-patient relationship is created between
17 25 an employee or job applicant and an employer, medical review
17 26 officer, or substance abuse testing laboratory performing or
17 27 evaluating a substance abuse test solely by the establishment,
17 28 implementation, or administration of a substance abuse testing
17 29 program.
17 30 14. Nothing in this section shall be construed to infringe
17 31 on, contradict, preempt, or otherwise conflict with the valid
17 32 provisions of any existing collective bargaining agreement, or
17 33 to otherwise abridge or infringe on the rights and
17 34 responsibilities of all parties in the collective bargaining
17 35 process to negotiate to agreement on any collective bargaining
18 1 agreement provision. Such contract provisions are fully valid
18 2 and enforceable, notwithstanding the provisions of this
18 3 section.
18 4 HF 258
18 5 ec/pk/25
Text: HF00257 Text: HF00259 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
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