Text: S03440 Text: S03442 Text: S03400 - S03499 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend the amendment, S-3371, to House File 258, as 1 2 amended, passed, and reprinted by the House, as 1 3 follows: 1 4 #1. By striking page 1, line 3, through page 3, 1 5 line 33, and inserting the following: 1 6 "# . By striking everything after the enacting 1 7 clause and inserting the following: 1 8 "Section 1. Section 730.5, subsection 1, Code 1 9 1995, is amended to read as follows: 1 10 1. As used in this section, unless the context 1 11 otherwise requires: 1 12 a. "drugDrug test" means any blood, urine, 1 13 saliva, chemical, or skin tissue test conducted for 1 14 the purpose of detecting the presence of a chemical 1 15 substance in an individual. 1 16 b. "Preemployment" means that period of time 1 17 between when a bona fide offer of employment is made 1 18 and when employment begins. 1 19 Sec. 2. Section 730.5, subsection 2, Code 1995, is 1 20 amended to read as follows: 1 21 2. Except as provided in subsection 7, an employer 1 22 shall not require or request employees or applicants 1 23 for employment to submit to a drug test as a condition 1 24 of employment, preemployment, promotion, or change in 1 25 status of employment. An employer shall not request, 1 26 require, or conduct random or blanket drug testing of 1 27 employees. However, this section does not apply to 1 28 preemployment drug tests authorized for peace officers 1 29 or correctional officers of the state, or to drug 1 30 tests required under federal statutes or under federal 1 31 regulationsadopted as of July 1, 1990in effect on or 1 32 before February 16, 1995, or to drug tests conducted 1 33 pursuant to a nuclear regulatory commission 1 34 regulation, or to drug tests conducted to determine if 1 35 an employee is ineligible to receive workers' 1 36 compensation under section 85.16, subsection 2. 1 37 The exemption granted by this subsection relating 1 38 to drug testing pursuant to federal regulations 1 39adopted as of July 1, 1990in effect on or before 1 40 February 16, 1995, is of no effect, as it applies to a 1 41 particular regulation, upon a finding by a court of 1 42 competent jurisdiction, including any appeal of such 1 43 finding, that the particular regulation is 1 44 unconstitutional or otherwise invalid. The decision 1 45 of a court invalidating any regulation exempted by 1 46 this section shall not be stayed pending appeal. 1 47 Sec. 3. Section 730.5, subsection 3, paragraph a, 1 48 Code 1995, is amended to read as follows: 1 49 a. The employer has probable cause to believe that 1 50 an employee's faculties are impaired on the job. For 2 1 purposes of this paragraph, an employer has probable 2 2 cause to believe that an employee's faculties are 2 3 impaired on the job if the employer is investigating 2 4 an accident in the workplace and all of the following 2 5 conditions are met: 2 6 (1) The employer has reasonable grounds to believe 2 7 that the employee proposed to be tested either 2 8 directly caused or directly contributed to the 2 9 accident. 2 10 (2) The employer has reasonable grounds to believe 2 11 that the employee's faculties were impaired and that 2 12 the impairment was likely a substantial factor in 2 13 causing the accident. 2 14 (3) The accident results in a personal injury 2 15 which requires medical treatment away from the 2 16 workplace or damage to property, including equipment, 2 17 in an amount reasonably estimated to exceed five 2 18 thousand dollars at the time of the accident. 2 19 (4) Prior to the accident, the employer has 2 20 provided the employee to be tested with written notice 2 21 of the employer's rules or policies regarding alcohol 2 22 and controlled substances and testing when a workplace 2 23 accident or injury occurs. 2 24 Sec. 4. Section 730.5, subsection 3, paragraph c, 2 25 Code 1995, is amended to read as follows: 2 26 c. The test sample withdrawn from the employee is 2 27 analyzed by a laboratory or testing facility that has 2 28 been approved under rules adopted by the department of 2 29 public health. The laboratory or testing facility 2 30 shall test for and report to the employer only the 2 31 presence of alcohol or illegal controlled substances 2 32 in any test sample. Upon request by an employee or 2 33 applicant for employment, the employer shall provide 2 34 to the employee or applicant the results of any drug 2 35 test. The rules adopted by the department of public 2 36 health shall provide for all of the following: 2 37 (1) The initial screening test may utilize 2 38 immunoassay, thin layer, high performance liquid or 2 39 gas chromatography, or an equivalent technology. If 2 40 the initial test utilizes immunoassay, the test kit 2 41 must meet the requirements of the United States food 2 42 and drug administration. 2 43 (2) Samples which have tested positive by initial 2 44 testing, with the exception of alcohol, shall be 2 45 confirmed by gas chromatography-mass spectrometry or 2 46 by a scientifically equivalent technique approved by 2 47 the department. 2 48 (3) All initial positive drug test results with 2 49 the exception of alcohol shall be confirmed by gas 2 50 chromatography-mass spectrometry or an equivalent test 3 1 approved by the department before being reported as 3 2 positive or negative. 3 3 (4) All initial positive test results for alcohol 3 4 shall be confirmed by gas chromatography, or a test 3 5 that is recognized by the department as an equivalent 3 6 test before being reported as positive or negative. 3 7 (5) Preliminary reports for drugs other than 3 8 alcohol shall not be issued in the absence of 3 9 confirmation by gas chromatography-mass spectrometry 3 10 or a scientifically equivalent test approved by the 3 11 department. 3 12 (6) Complete chain of custody procedures shall be 3 13 used for referred specimens. When sample volumes 3 14 permit, it is recommended that only an aliquot of the 3 15 original specimen be sent to a reference laboratory. 3 16 Sec. 5. Section 730.5, subsection 7, Code 1995, is 3 17 amended to read as follows: 3 18 7.A drug test conducted as a part of a physical3 19examination performed as a part of a preemployment3 20physical or as a part of a regularly scheduled3 21physical is only permissibleIn addition to drug 3 22 testing permitted by subsection 3, drug testing of an 3 23 employee or applicant for employment shall also be 3 24 permitted under the following circumstances: 3 25 a. For a preemployment physical, the employer 3 26 shall include notice that a drug test will be part of 3 27 a preemployment physical in any notice or 3 28 advertisement soliciting applicants for employment or 3 29 in the application for employment, and an applicant 3 30 for employment shall be personally informed of the 3 31 requirement for a drug test at the first interview. 3 32 b. For a regularly scheduled physical, the 3 33 employer shall give notice that a drug test will be 3 34 part of the physical at least thirty days prior to the 3 35 date the physical is scheduled. 3 36 c. An employer may require an employee, as a 3 37 condition of employment, to undergo drug testing if 3 38 that employee has been referred by the employer for 3 39 substance abuse evaluation pursuant to subsection 3, 3 40 paragraph "f", and treatment, if recommended by the 3 41 evaluation. The employee may be required to undergo 3 42 drug testing without prior notice, but in no case 3 43 shall more than two tests be conducted in the twelve- 3 44 month period following the employee's completion of 3 45 substance abuse treatment if the treatment was 3 46 recommended by the evaluation. A drug test shall not 3 47 be required of an employee by an employer during drug 3 48 treatment of the employee, if such testing would 3 49 duplicate testing of the employee conducted in the 3 50 course of treatment and the employee has waived 4 1 confidentiality as to the employer of the results of 4 2 such testing. An employer shall not require an 4 3 employee to submit to drug testing under this 4 4 paragraph if more than twelve months have elapsed 4 5 since the employee successfully completed drug 4 6 treatment and the employee has not had a drug test 4 7 conducted indicating the presence of alcohol or an 4 8 illegal controlled substance during that twelve-month 4 9 period. 4 10 Drug testing conducted under this subsection shall 4 11 conform to the requirements of subsection 3, 4 12 paragraphs "c", "d", "e", and "f"; however, paragraph 4 13 "f" shall not apply to drug tests conducted as a part 4 14 of a preemployment physical. 4 15 Sec. 6. Section 730.5, Code 1995, is amended by 4 16 adding the following new subsection: 4 17 NEW SUBSECTION. 12. An employer who conducts a 4 18 drug test pursuant to this section shall, for each 4 19 fiscal year beginning on or after July 1, 1995, file 4 20 an annual written report with the labor division of 4 21 the department of employment services consisting of 4 22 the following information: 4 23 a. The number of drug tests conducted by the 4 24 employer and the number of employees employed by the 4 25 employer. 4 26 b. The number of drug tests conducted as part of a 4 27 preemployment application process, a regularly 4 28 scheduled physical, or as a result of a drug test 4 29 conducted pursuant to a finding of probable cause as 4 30 provided by subsection 3, paragraph "a". Of the drug 4 31 tests conducted pursuant to a finding of probable 4 32 cause, the employer shall indicate the number of drug 4 33 tests conducted as a result of a workplace accident 4 34 that resulted in personal injury, property damage, or 4 35 both personal injury and property damage. 4 36 c. The number of drug tests that resulted in a 4 37 confirmed positive test result indicating the presence 4 38 of alcohol and the number of drug tests that resulted 4 39 in a confirmed positive test result indicating the 4 40 presence of an illegal controlled substance. 4 41 d. The number of personal injuries, and the dollar 4 42 loss for property damage, arising out of the use of 4 43 alcohol and illegal controlled substances by 4 44 employees. 4 45 e. The cost of substance abuse evaluation and 4 46 treatment for employees." 4 47 # . Title page, line 2, by striking the word 4 48 "defenses" and inserting the following: "reporting of 4 49 drug tests"." 4 50 #2. By renumbering as necessary. 5 1 5 2 5 3 5 4 TOM VILSACK 5 5 DICK L. DEARDEN 5 6 RANDAL J. GIANNETTO 5 7 DERRYL MCLAREN 5 8 MARY KRAMER 5 9 JIM LIND 5 10 HF 258.704 76 5 11 ec/sc
Text: S03440 Text: S03442 Text: S03400 - S03499 Text: S Index Bills and Amendments: General Index Bill History: General Index
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