Text: S03370 Text: S03372 Text: S03300 - S03399 Text: S Index Bills and Amendments: General Index Bill History: General Index
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. "drugDrug 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 Section 730.5, subsection 3, paragraph c, 1 17 Code 1995, is amended to read as follows: 1 18 c. The test sample withdrawn from the employee is 1 19 analyzed by a laboratory or testing facility that has 1 20 been approved under rules adopted by the department of 1 21 public health.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 physical2 9examination performed as a part of a preemployment2 10physical or as a part of a regularly scheduled2 11physical is only permissibleIn 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 Bills and Amendments: General Index Bill History: General Index
© 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/S/03300/S03371/950406.html
jhf