Text: HSB00156 Text: HSB00158 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 730.5, subsection 1, Code 1995, is 1 2 amended to read as follows: 1 3 1. As used in this section, "drug test" means any blood, 1 4 urine, saliva, chemical, or skin tissue test conducted for the 1 5 purpose of detecting the presence of a chemical substance, 1 6 including alcohol, in an individual. 1 7 Sec. 2. Section 730.5, subsection 3, paragraph a, Code 1 8 1995, is amended to read as follows: 1 9 a. The employer hasprobable cause to believea reasonable 1 10 belief that an employee's faculties are impairedon the job1 11 due to the use of a controlled substance or alcohol. 1 12 Sec. 3. Section 730.5, subsection 3, paragraph c, Code 1 13 1995, is amended to read as follows: 1 14 c. The test sample withdrawn from the employee is analyzed 1 15 by a laboratory or testing facility that has been approved 1 16 under rules adopted by the department of public health. The 1 17 laboratory or testing facility, when reporting the results of 1 18 a drug test to the employer, shall indicate whether alcohol or 1 19 a controlled substance is present in any test sample and, if 1 20 applicable, provide information on the level of the controlled 1 21 substance or alcohol that is present in the test sample. 1 22 Sec. 4. Section 730.5, subsection 7, Code 1995, is amended 1 23 to read as follows: 1 24 7.A drug test conducted as a part of a physical1 25examination performed as a part of a preemployment physical or1 26as a part of a regularly scheduled physical is only1 27permissibleIn addition to drug testing permitted by 1 28 subsection 3, drug testing of an employee or applicant for 1 29 employment shall also be permitted under the following 1 30 circumstances: 1 31 a.ForAs a part of a preemploymentphysicalapplication 1 32 process, provided that the employer shall include notice that 1 33 a drug test will be part of a preemploymentphysical1 34 application process in any notice or advertisement soliciting 1 35 applicants for employment or in the application for 2 1 employment, and an applicant for employment shall be 2 2 personally informed of the requirement for a drug test at the 2 3 first interview. 2 4 b. For a regularly scheduled physical, the employer shall 2 5 give notice that a drug test will be part of the physical at 2 6 least thirty days prior to the date the physical is scheduled. 2 7 c. An employer may require an employee, as a condition of 2 8 employment, to undergo drug testing if the employee has been 2 9 referred by the employer for substance abuse evaluation 2 10 pursuant to subsection 3, paragraph "f", and treatment was 2 11 recommended by the evaluation, or if the employee has been 2 12 given a leave of absence or other accommodation to obtain 2 13 substance abuse treatment. Following the employee's 2 14 completion of substance abuse treatment, the employer may 2 15 require the employee to undergo drug testing without prior 2 16 notice. 2 17 d. An employer may require an employee to undergo drug 2 18 testing if the employer is investigating an accident in the 2 19 workplace and all of the following conditions are met: 2 20 (1) The employer has reasonable grounds to believe that 2 21 the employee proposed to be tested either caused or 2 22 contributed to the accident. 2 23 (2) The surrounding circumstances do not reasonably 2 24 exclude the possibility that the employee's faculties are 2 25 impaired due to the use of a controlled substance or alcohol. 2 26 (3) The accident results in a personal injury which 2 27 requires medical treatment away from the workplace or damage 2 28 to property, including equipment, in an amount reasonably 2 29 estimated to exceed five hundred dollars at the time of the 2 30 accident. 2 31 (4) Prior to the accident, the employer has provided the 2 32 employee to be tested with written notice of the employer's 2 33 rules or policies regarding alcohol and controlled substances 2 34 and testing when a workplace accident occurs. 2 35 Drug testing conducted under this subsection shall conform 3 1 to the requirements of subsection 3, paragraphs "c", "d", "e", 3 2 and "f"; however, paragraph "f" shall not apply to drug tests 3 3 conducted as a part of a preemploymentphysicalapplication 3 4 process, or conducted under paragraph "c" of this subsection. 3 5 Sec. 5. Section 730.5, subsection 8, Code 1995, is amended 3 6 to read as follows: 3 7 8. An employer shall protect the confidentiality of the 3 8 results of any drug test conducted on an employee. The 3 9 results of the test may be recorded in the employee's 3 10 personnel records; howeveror separately maintained 3 11 confidential medical records file, and may be presented by the 3 12 employer in any contractual, administrative, or judicial 3 13 proceeding involving the employee. However, if an employee 3 14 whose test indicated the employee was under the influence of 3 15 alcohol or a controlled substance or indicated the presence of 3 16 a controlled substance has undergone substance abuse 3 17 evaluation and, when treatment is indicated under the 3 18 substance abuse evaluation, successfully completed treatment 3 19 for substance abuse,the employee's personnel records shall be3 20expunged of any reference to the test or its resultsthe 3 21 employer shall not disclose to any person not otherwise 3 22 employed by or acting as a representative of the employer any 3 23 reference to the test or its results, except as provided in 3 24 this section, when the employee leaves employment. 3 25 Sec. 6. Section 730.5, subsection 9, Code 1995, is amended 3 26 to read as follows: 3 27 9. This section may be enforced through a civil action. 3 28 a. A person who violates this section or who aids in the 3 29 violation of this section is liable to an aggrieved employee 3 30 or applicant for employment for affirmative relief including 3 31 reinstatement or hiring, with or without back pay, or any 3 32 other equitable relief as the court deems appropriate 3 33 including attorney fees and court costs. An action under this 3 34 section shall be commenced within two years of the date of the 3 35 alleged violation. 4 1 b. When a person commits, is committing, or proposes to 4 2 commit, an act in violation of this section, an injunction may 4 3 be granted through an action in district court to prohibit the 4 4 person from continuing such acts. The action for injunctive 4 5 relief may be brought by an aggrieved employee or applicant 4 6 for employment, the county attorney, or the attorney general. 4 7 In an action brought under this subsection alleging that an 4 8 employer has required or requested a drug test in violation of 4 9 this section, the employer has the burden of proving that the 4 10 requirements of this section were met. An employer who proves 4 11 that the requirements were met may recover reasonable attorney 4 12 fees and court costs from the person bringing the action. 4 13 Sec. 7. Section 730.5, Code 1995, is amended by adding the 4 14 following new subsection: 4 15 NEW SUBSECTION. 12. a. Employers shall not have a legal 4 16 duty to request or require an employee or applicant for 4 17 employment to undergo drug testing as authorized in this sec- 4 18 tion. A cause of action shall not arise based upon the 4 19 failure of an employer to establish a program or policy on 4 20 substance abuse prevention, to implement drug or alcohol 4 21 testing, to request or require any employee or applicant for 4 22 employment to submit to a drug test, or to require drug 4 23 testing as permitted by this section. 4 24 b. Except as otherwise provided in paragraph "c", a cause 4 25 of action shall not arise against an employer for any of the 4 26 following: 4 27 (1) Actions taken by the employer in good faith based upon 4 28 the results of a drug test indicating the presence of alcohol 4 29 or a controlled substance. An employer does not act in good 4 30 faith if the employer knew or clearly should have known that 4 31 the drug test result indicating the presence of alcohol or a 4 32 controlled substance was in error and the employer ignores the 4 33 correct result in a willful and reckless manner. 4 34 (2) Actions taken, or not taken, by an employer based upon 4 35 a reported negative or inconclusive test result, whether the 5 1 test result is correct or incorrect. 5 2 (3) Failure to test for, or if tested for, failure to 5 3 detect alcohol or any specific controlled substance, or any 5 4 medical condition, including any mental or physical disorder 5 5 or condition. 5 6 (4) Failure to establish, or terminating or suspending, a 5 7 substance abuse prevention or drug testing program or policy. 5 8 c. A cause of action for defamation, libel, slander, or 5 9 damage to reputation shall not arise against an employer 5 10 establishing a program of drug testing in accordance with this 5 11 section unless all of the following apply: 5 12 (1) The employer discloses the test results to a person 5 13 other than an authorized employee, agent, or representative of 5 14 the employer, the tested employee or the tested applicant for 5 15 employment, or an authorized agent or representative of the 5 16 tested employee or applicant. 5 17 (2) The test results disclosed incorrectly indicate the 5 18 presence of alcohol or a controlled substance. 5 19 (3) The employer negligently discloses the results. 5 20 d. For the purposes of this section, the results of a drug 5 21 test conducted in compliance with this section are presumed to 5 22 be valid. 5 23 EXPLANATION 5 24 This bill makes changes in Iowa's law governing drug 5 25 testing of employees and applicants for employment. 5 26 The bill provides that an employer can require an employee 5 27 to submit to a drug test if the employer has a reasonable 5 28 belief that the employee is impaired on the job. Current law 5 29 requires a finding of probable cause. 5 30 The bill provides for drug testing as a part of a 5 31 preemployment application process. Current law allows 5 32 preemployment drug testing as a part of a preemployment 5 33 physical. 5 34 The bill further permits an employer to require an employee 5 35 who has been referred to substance abuse evaluation or who has 6 1 been given leave or other accommodation to obtain substance 6 2 abuse treatment to submit to random drug testing following 6 3 completion of substance abuse treatment without prior notice. 6 4 The bill provides for drug testing of an employee involved 6 5 in a workplace accident resulting in personal injury or damage 6 6 to property of over $500 if certain conditions are met. 6 7 Section 5 of this bill allows an employer to use the 6 8 results of a drug test in any administrative, contractual, or 6 9 judicial proceeding involving the employee. Section 5 also 6 10 permits the employer to keep a record of drug tests when the 6 11 employee leaves employment so long as the information is not 6 12 disclosed to persons not employed by the employer or to 6 13 another employer except as provided in section 730.5, 6 14 subsection 8. Section 6 provides a two-year statute of 6 15 limitations for actions under section 730.5 and permits an 6 16 employer to recover attorney fees and court costs if 6 17 successful in defending a suit under this section. 6 18 The bill provides that employers are not required to 6 19 conduct drug tests and that the employer is not liable for 6 20 failing to conduct a drug test otherwise authorized by this 6 21 bill. 6 22 The bill provides that an employer is not liable for good 6 23 faith actions taken based on a positive drug test, unless the 6 24 employer knew the result was incorrect and recklessly ignored 6 25 the correct result. The bill also provides that an employer 6 26 is not liable for failing to test for certain drugs or 6 27 alcohol, failing to establish, or terminating or suspending, a 6 28 drug testing policy, or taking any action based on a test 6 29 correctly or incorrectly indicating the absence of drugs or a 6 30 test result that is inconclusive. 6 31 The bill also provides that an employer is not liable for 6 32 an action based on libel, slander, or defamation unless 6 33 certain additional requirements are met, generally requiring a 6 34 finding that an incorrect "positive" test result was disclosed 6 35 negligently. 7 1 The bill also establishes that a drug test conducted in 7 2 accordance with the drug testing section is presumed valid. 7 3 A violation of any provision of the drug testing section 7 4 constitutes a simple misdemeanor. 7 5 LSB 2036HC 76 7 6 ec/jw/5.1
Text: HSB00156 Text: HSB00158 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: House Bills and Amendments (76th General Assembly)
© 1996 Cornell College and League of Women Voters of Iowa
Comments? webmaster@legis.iowa.gov.
Last update: Thu Feb 8 16:38:58 CST 1996
URL: /DOCS/GA/76GA/Legislation/HSB/00100/HSB00157/950215.html
jhf