Text: S05868 Text: S05870 Text: S05800 - S05899 Text: S Index Bills and Amendments: General Index Bill History: General Index
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PAG LIN
1 1 Amend Senate File 2470 as follows:
1 2 #1. Page 20, by inserting after line 18 the
1 3 following:
1 4 "1. Except in those cases where test samples for
1 5 alcohol or illegal controlled substances are analyzed
1 6 by the state hygienic laboratory at the state
1 7 university of Iowa, and except as provided in
1 8 subsection 6, an employer shall not require or request
1 9 employees or applicants for employment to submit to a
1 10 drug test as a condition of employment, preemployment,
1 11 promotion, or change in status of employment. An
1 12 employer shall not request, require, or conduct random
1 13 or blanket drug testing of employees. However, this
1 14 section does not apply to preemployment drug tests
1 15 authorized for peace officers or correctional officers
1 16 of the state, or to drug tests required under federal
1 17 statutes or under federal regulations, or to drug
1 18 tests conducted pursuant to a nuclear regulatory
1 19 commission regulation, or to drug tests conducted to
1 20 determine if an employee is ineligible to receive
1 21 workers' compensation under section 85.16, subsection
1 22 2.
1 23 The exemption granted by this subsection relating
1 24 to drug testing pursuant to federal regulations, is of
1 25 no effect, as it applies to a particular regulation,
1 26 upon a finding by a court of competent jurisdiction,
1 27 including any appeal of such finding, that the
1 28 particular regulation is unconstitutional or otherwise
1 29 invalid. The decision of a court invalidating any
1 30 regulation exempted by this section shall not be
1 31 stayed pending appeal.
1 32 2. This section does not prohibit an employer from
1 33 requiring a specific employee to submit to a drug test
1 34 if all of the following conditions are met:
1 35 a. The employer has probable cause to believe that
1 36 an employee's faculties are impaired on the job. For
1 37 purposes of this paragraph, an employer has probable
1 38 cause to believe that an employee's faculties are
1 39 impaired on the job if the employer is investigating
1 40 an accident in the workplace and all of the following
1 41 conditions are met:
1 42 (1) The employer has reasonable grounds to believe
1 43 that the employee proposed to be tested either
1 44 directly caused or directly contributed to the
1 45 accident.
1 46 (2) The accident results in a personal injury
1 47 which requires medical treatment away from the
1 48 workplace or damage to property, including equipment,
1 49 in an amount reasonably estimated to exceed one
1 50 thousand dollars at the time of the accident.
2 1 (3) Prior to the accident, the employer has
2 2 provided the employee to be tested with written notice
2 3 of the employer's rules or policies regarding alcohol
2 4 and controlled substances and testing when a workplace
2 5 accident or injury occurs.
2 6 b. The employee is in a position where such
2 7 impairment presents a danger to the safety of the
2 8 employee, another employee, a member of the public, or
2 9 the property of the employer, or when impairment due
2 10 to the effects of a controlled substance is a
2 11 violation of a known rule of the employer.
2 12 c. The test sample withdrawn from the employee is
2 13 analyzed by a laboratory or testing facility that has
2 14 been approved under rules adopted by the department of
2 15 public health. The laboratory or testing facility
2 16 shall test for and report to the employer only the
2 17 presence of alcohol or illegal controlled substances
2 18 in any test sample. The report and information
2 19 provided the employer may be both qualitative and
2 20 quantitative but only concerning the presence of
2 21 alcohol or an illegal controlled substance in any test
2 22 sample. Upon request by an employee or applicant for
2 23 employment, the employer shall provide to the employee
2 24 or applicant the results of any drug test.
2 25 d. If a test is conducted and the results indicate
2 26 that the employee is under the influence of alcohol or
2 27 a controlled substance or indicate the presence of
2 28 alcohol or a controlled substance, a second test using
2 29 an alternative method of analysis shall be conducted.
2 30 When possible and practical, the second test shall use
2 31 a portion of the same test sample withdrawn from the
2 32 employee for use in the first test.
2 33 e. An employee shall be accorded a reasonable
2 34 opportunity to rebut or explain the results of a drug
2 35 test.
2 36 f. The employer shall provide substance abuse
2 37 evaluation, and treatment if recommended by the
2 38 evaluation, with costs apportioned as provided under
2 39 the employee benefit plan or at employer expense, if
2 40 there is no employee benefit plan, the first time an
2 41 employee's drug test indicates the presence of alcohol
2 42 or a controlled substance. An employer shall take no
2 43 disciplinary action against an employee due to the
2 44 employee's drug involvement the first time the
2 45 employee's drug test indicates the presence of alcohol
2 46 or a controlled substance if the employee undergoes a
2 47 substance abuse evaluation, and if the employee
2 48 successfully completes substance abuse treatment if
2 49 treatment is recommended by the evaluation. However,
2 50 if an employee fails to undergo substance abuse
3 1 evaluation when required under the results of a drug
3 2 test, or fails to successfully complete substance
3 3 abuse treatment when recommended by an evaluation, the
3 4 employee may be disciplined up to and including
3 5 discharge. The substance abuse evaluation and
3 6 treatment provided by the employer shall take place
3 7 under a program approved by the department of public
3 8 health or accredited by the joint commission on the
3 9 accreditation of health care organizations.
3 10 3. In conducting those tests designed to identify
3 11 the presence of chemical substances in the body, the
3 12 employer shall ensure to the extent feasible that the
3 13 tests only measure and that the records of the tests
3 14 only show or make use of information regarding
3 15 chemical substances in the body which are likely to
3 16 affect the ability of the employee to perform safely
3 17 the employee's duties while on the job.
3 18 4. This section does not restrict an employer's
3 19 ability to prohibit the use of alcohol or controlled
3 20 substances during work hours or to discipline
3 21 employees for being under the influence of alcohol or
3 22 controlled substances during work hours.
3 23 5. This section does not prevent an employer from
3 24 conducting medical screening in order to monitor
3 25 exposure to toxic or other unhealthy substances
3 26 encountered in the workplace or in the performance of
3 27 their job responsibilities. Any such screening must
3 28 be limited to the specific substances required to be
3 29 monitored.
3 30 6. In addition to drug testing permitted by
3 31 subsection 2, drug testing of an employee or applicant
3 32 for employment shall also be permitted under the
3 33 following circumstances:
3 34 a. During a preemployment application process.
3 35 The employer shall include notice that a drug test
3 36 will be part of a preemployment application process in
3 37 any notice or advertisement soliciting applicants for
3 38 employment or in the application for employment, and
3 39 an applicant for employment shall be personally
3 40 informed of the requirement for a drug test at the
3 41 first interview. However, in order to conduct a drug
3 42 test pursuant to this paragraph, the employer shall
3 43 provide that a preemployment application process which
3 44 includes a drug test shall be required in the same
3 45 manner for all job classifications of the employer in
3 46 which applicants for employment are sought.
3 47 b. During a regularly scheduled physical. The
3 48 employer shall give notice that a drug test will be
3 49 part of the physical at least thirty days prior to the
3 50 date the physical is scheduled. However, in order to
4 1 conduct a drug test pursuant to this paragraph, the
4 2 employer shall provide that a regularly scheduled
4 3 physical which includes a drug test shall be required
4 4 in the same manner for all classifications of
4 5 employees of the employer.
4 6 c. An employer may require an employee, as a
4 7 condition of employment to undergo drug testing, if
4 8 the employer has provided substance abuse evaluation,
4 9 and treatment, if recommended by the evaluation, which
4 10 have been paid for in whole or in part by the employer
4 11 or its insurance carrier. The employee may be
4 12 required to undergo drug testing without prior notice,
4 13 but in no case shall more than four tests be conducted
4 14 in the twenty-four-month period following the
4 15 employee's completion of substance abuse treatment if
4 16 the treatment was recommended by the evaluation. A
4 17 drug test shall not be required of an employee by an
4 18 employer during drug treatment of the employee, if
4 19 such testing would duplicate testing of the employee
4 20 conducted in the course of treatment and the employee
4 21 has waived confidentiality as to the employer of the
4 22 results of such testing. An employer shall not
4 23 require an employee to submit to drug testing under
4 24 this paragraph if more than twenty-four months have
4 25 elapsed since the employee successfully completed drug
4 26 treatment and the employee has not had a drug test
4 27 conducted indicating the presence of alcohol or an
4 28 illegal controlled substance during that twenty-four-
4 29 month period.
4 30 Drug testing conducted under this subsection shall
4 31 conform to the requirements of subsection 2,
4 32 paragraphs "c", "d", "e", and "f"; however, paragraph
4 33 "f" shall not apply to drug tests conducted as a part
4 34 of a preemployment application process.
4 35 7. An employer shall protect the confidentiality
4 36 of the results of any drug test conducted on an
4 37 employee. The results of the test may be recorded in
4 38 the employee's personnel records; however, if an
4 39 employee whose test indicated the employee was under
4 40 the influence of alcohol or a controlled substance or
4 41 indicated the presence of a controlled substance has
4 42 undergone substance abuse evaluation and, when
4 43 treatment is indicated under the substance abuse
4 44 evaluation, successfully completed treatment for
4 45 substance abuse, the employee's personnel records
4 46 shall be expunged of any reference to the test or its
4 47 results when the employee leaves employment.
4 48 8. This section may be enforced through a civil
4 49 action.
4 50 a. A person who violates this section or who aids
5 1 in the violation of this section is liable to an
5 2 aggrieved employee or applicant for employment for
5 3 affirmative relief including reinstatement or hiring,
5 4 with or without back pay, or any other equitable
5 5 relief as the court deems appropriate including
5 6 attorney fees and court costs.
5 7 b. When a person commits, is committing, or
5 8 proposes to commit, an act in violation of this
5 9 section, an injunction may be granted through an
5 10 action in district court to prohibit the person from
5 11 continuing such acts. The action for injunctive
5 12 relief may be brought by an aggrieved employee or
5 13 applicant for employment, the county attorney, or the
5 14 attorney general.
5 15 In an action brought under this subsection alleging
5 16 that an employer has required or requested a drug test
5 17 in violation of this section, the employer has the
5 18 burden of proving that the requirements of this
5 19 section were met.
5 20 9. An employee shall not be discharged,
5 21 disciplined, or discriminated against in any manner
5 22 for filing a complaint or testifying in any proceeding
5 23 or action involving violations of this section. An
5 24 employee discharged, disciplined, or otherwise
5 25 discriminated against in violation of this section
5 26 shall be compensated by the employer in the amount of
5 27 any loss of wages and benefits arising out of the
5 28 discrimination and shall be restored to the employee's
5 29 previous position of employment.
5 30 10. An employer who conducts a drug test pursuant
5 31 to this section shall submit a report annually to the
5 32 labor division of the department of employment
5 33 services, documenting the number of drug tests
5 34 conducted, the results of the tests conducted, and the
5 35 direct costs associated with the testing.
5 36 11. As used in this section, unless the context
5 37 otherwise requires:
5 38 a. "Drug test" means any blood, urine, saliva,
5 39 chemical, or skin tissue test conducted for the
5 40 purpose of detecting the presence of a chemical
5 41 substance in an individual.
5 42 b. "Employee" means employee as defined in section
5 43 85.61 and includes the employer, and any chief
5 44 executive officer, president, vice president,
5 45 supervisor, manager, and officer of the employer.
5 46 12. Notwithstanding any contrary provision of this
5 47 section, the state hygienic laboratory at the state
5 48 university of Iowa may perform and may be utilized to
5 49 perform any drug test provided for under this
5 50 section."
6 1 #2. By renumbering as necessary.
6 2
6 3
6 4
6 5 MARY KRAMER
6 6 SF 2470.206 76
6 7 ec/jj
Text: S05868 Text: S05870 Text: S05800 - S05899 Text: S Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
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