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Senate Amendment 3371

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 3, paragraph c,
  1 17 Code 1995, is amended to read as follows:
  1 18    c.  The test sample withdrawn from the employee is
  1 19 analyzed by a laboratory or testing facility that has
  1 20 been approved under rules adopted by the department of
  1 21 public health.  The laboratory or testing facility
  1 22 shall test for and report to the employer only the
  1 23 presence of alcohol or illegal controlled substances
  1 24 in any test sample.  The rules adopted by the
  1 25 department of public health shall provide for all of
  1 26 the following:
  1 27    (1)  The initial screening test may utilize
  1 28 immunoassay, thin layer, high performance liquid or
  1 29 gas chromatography, or an equivalent technology.  If
  1 30 the initial test utilizes immunoassay, the test kit
  1 31 must meet the requirements of the United States food
  1 32 and drug administration.
  1 33    (2)  Samples which have tested positive by initial
  1 34 testing, with the exception of alcohol, shall be
  1 35 confirmed by gas chromatography-mass spectrometry or
  1 36 by a scientifically equivalent technique approved by
  1 37 the department.
  1 38    (3)  All initial positive drug test results with
  1 39 the exception of alcohol shall be confirmed by gas
  1 40 chromatography-mass spectrometry or an equivalent test
  1 41 approved by the department before being reported as
  1 42 positive or negative.
  1 43    (4)  All initial positive test results for alcohol
  1 44 shall be confirmed by gas chromatography, or a test
  1 45 that is recognized by the department as an equivalent
  1 46 test before being reported as positive or negative.
  1 47    (5)  Preliminary reports for drugs other than
  1 48 alcohol shall not be issued in the absence of
  1 49 confirmation by gas chromatography-mass spectrometry
  1 50 or a scientifically equivalent test approved by the
  2  1 department.
  2  2    (6)  Complete chain of custody procedures shall be
  2  3 used for referred specimens.  When sample volumes
  2  4 permit, it is recommended that only an aliquot of the
  2  5 original specimen be sent to a reference laboratory.
  2  6    Sec. 3.  Section 730.5, subsection 7, Code 1995, is
  2  7 amended to read as follows:
  2  8    7.  A drug test conducted as a part of a physical
  2  9 examination performed as a part of a preemployment
  2 10 physical or as a part of a regularly scheduled
  2 11 physical is only permissible In addition to drug
  2 12 testing permitted by subsection 3, drug testing of an
  2 13 employee or applicant for employment shall also be
  2 14 permitted under the following circumstances:
  2 15    a.  For a preemployment physical, the employer
  2 16 shall include notice that a drug test will be part of
  2 17 a preemployment physical in any notice or
  2 18 advertisement soliciting applicants for employment or
  2 19 in the application for employment, and an applicant
  2 20 for employment shall be personally informed of the
  2 21 requirement for a drug test at the first interview.
  2 22    b.  For a regularly scheduled physical, the
  2 23 employer shall give notice that a drug test will be
  2 24 part of the physical at least thirty days prior to the
  2 25 date the physical is scheduled.
  2 26    c.  An employer may require an employee, as a
  2 27 condition of employment, to undergo drug testing if
  2 28 that employee has been referred by the employer for
  2 29 substance abuse evaluation pursuant to subsection 3,
  2 30 paragraph "f", and treatment, if recommended by the
  2 31 evaluation.  The employee may be required to undergo
  2 32 drug testing without prior notice, but in no case
  2 33 shall more than two tests be conducted in the twelve-
  2 34 month period following the employee's completion of
  2 35 substance abuse treatment if the treatment was
  2 36 recommended by the evaluation.  No drug test shall be
  2 37 required of an employee by an employer during drug
  2 38 treatment of the employee, if such testing would
  2 39 duplicate testing of the employee conducted in the
  2 40 course of treatment and the employee has waived
  2 41 confidentiality as to the employer of the results of
  2 42 such testing.  No employer shall require an employee
  2 43 to submit to drug testing under this paragraph if more
  2 44 than twelve months have elapsed since the employee
  2 45 successfully completed drug treatment and the employee
  2 46 has not had a drug test indicating the presence of
  2 47 alcohol or an illegal controlled substance during that
  2 48 twelve-month period.
  2 49    Drug testing conducted under this subsection shall
  2 50 conform to the requirements of subsection 3,
  3  1 paragraphs "c", "d", "e", and "f"; however, paragraph
  3  2 "f" shall not apply to drug tests conducted as a part
  3  3 of a preemployment physical.
  3  4    Sec. 4.  Section 730.5, Code 1995, is amended by
  3  5 adding the following new subsection:
  3  6    NEW SUBSECTION.  12.  An employer who conducts a
  3  7 drug test pursuant to this section shall, on a
  3  8 quarterly basis, file a written report with the labor
  3  9 division of the department of employment services
  3 10 consisting of the following information:
  3 11    a.  The number of drug tests conducted by the
  3 12 employer.
  3 13    b.  The number of drug tests conducted as part of a
  3 14 preemployment drug test, a regularly scheduled
  3 15 physical, or as a result of a drug test conducted
  3 16 pursuant to a finding of probable cause as provided by
  3 17 subsection 3, paragraph "a".  Of the drug tests
  3 18 conducted pursuant to a finding of probable cause, the
  3 19 employer shall indicate the number of drug tests
  3 20 conducted as a result of a workplace accident that
  3 21 resulted in personal injury, property damage, or both
  3 22 personal injury and property damage.
  3 23    c.  The number of drug tests that resulted in a
  3 24 confirmed positive test result indicating the presence
  3 25 of alcohol or an illegal controlled substance.
  3 26    Sec. 5.  EMPLOYMENT DRUG TESTING STUDY.  The
  3 27 legislative council is requested to establish a study
  3 28 committee on drug testing of employees and applicants
  3 29 for employment."
  3 30    #2.  Title page, line 2, by striking the word
  3 31 "defenses" and inserting the following:  "reporting of
  3 32 drug tests, establishing a study of employment drug
  3 33 testing".  
  3 34 
  3 35 
  3 36                              
  3 37 COMMITTEE ON BUSINESS AND
  3 38 LABOR RELATIONS
  3 39 DICK L. DEARDEN, Chairperson
  3 40 HF 258.207 76
  3 41 ec/jj
     

Text: S03370                            Text: S03372
Text: S03300 - S03399                   Text: S Index
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