Text: SF00266 Text: SF00268 Text: SF00200 - SF00299 Text: SF 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, unless the context otherwise 1 4 requires: 1 5 a."drug"Drug test" means any blood, urine, saliva, 1 6 chemical, or skin tissue test conducted for the purpose of 1 7 detecting the presence of a chemical substance in an 1 8 individual. 1 9 b. "Preemployment" means that period of time between when 1 10 a bona fide offer of employment is made and when employment 1 11 begins. 1 12 Sec. 2. Section 730.5, subsection 3, paragraph a, Code 1 13 1995, is amended to read as follows: 1 14 a. The employer has probable cause to believe that an 1 15 employee's faculties are impaired on the job. For purposes of 1 16 this paragraph, an employer that does not have probable cause 1 17 to believe that an employee's faculties are impaired on the 1 18 job shall be deemed to have probable cause to drug test an 1 19 employee if the employer is investigating an accident in the 1 20 workplace and all of the following conditions are met: 1 21 (1) The employer has reasonable grounds to believe that 1 22 the employee proposed to be tested either directly caused or 1 23 directly contributed to the accident. 1 24 (2) The surrounding circumstances do not reasonably 1 25 exclude the possibility that the employee's faculties are 1 26 impaired due to the use of a controlled substance or alcohol. 1 27 (3) The accident results in a personal injury which 1 28 requires medical treatment away from the workplace or damage 1 29 to property, including equipment, in an amount reasonably 1 30 estimated to exceed one thousand dollars at the time of the 1 31 accident. 1 32 (4) Prior to the accident, the employer has provided the 1 33 employee to be tested with written notice of the employer's 1 34 rules or policies regarding alcohol and controlled substances 1 35 and testing when a workplace accident or injury occurs. 2 1 Sec. 3. Section 730.5, subsection 3, paragraph c, Code 2 2 1995, is amended to read as follows: 2 3 c. The test sample withdrawn from the employee is analyzed 2 4 by a laboratory or testing facility that has been approved 2 5 under rules adopted by the department of public health. The 2 6 laboratory or testing facility shall report to the employer 2 7 only the presence of alcohol or illegal controlled substances 2 8 in any test sample. 2 9 Sec. 4. Section 730.5, subsection 7, Code 1995, is amended 2 10 to read as follows: 2 11 7.A drug test conducted as a part of a physical2 12examination performed as a part of a preemployment physical or2 13as a part of a regularly scheduled physical is only2 14permissibleIn addition to drug testing permitted by 2 15 subsection 3, drug testing of an employee or applicant for 2 16 employment shall also be permitted under the following 2 17 circumstances: 2 18 a. For a preemploymentphysicalapplication process, the 2 19 employer shall include notice that a drug test will be part of 2 20 a preemploymentphysicalapplication process in any notice or 2 21 advertisement soliciting applicants for employment or in the 2 22 application for employment, and an applicant for employment 2 23 shall be personally informed of the requirement for a drug 2 24 test at the first interview. 2 25 b. For a regularly scheduled physical, the employer shall 2 26 give notice that a drug test will be part of the physical at 2 27 least thirty days prior to the date the physical is scheduled. 2 28 c. An employer may require an employee, as a condition of 2 29 employment, to undergo drug testing if that employee has been 2 30 referred by the employer for substance abuse evaluation 2 31 pursuant to subsection 3, paragraph "f", and treatment was 2 32 recommended by the evaluation. The employee may be required 2 33 to undergo drug testing without prior notice, but in no case 2 34 shall more than four tests be conducted in the twelve-month 2 35 period following the employee's completion of substance abuse 3 1 treatment if the treatment was recommended by the evaluation. 3 2 Drug testing conducted under this subsection shall conform 3 3 to the requirements of subsection 3, paragraphs "c", "d", "e", 3 4 and "f"; however, paragraph "f" shall not apply to drug tests 3 5 conducted as a part of a preemploymentphysicalapplication 3 6 process. 3 7 EXPLANATION 3 8 This bill makes changes in Iowa's law governing drug 3 9 testing of employees and applicants for employment. 3 10 The bill provides for drug testing as a part of a 3 11 preemployment application process and defines preemployment. 3 12 Current law allows preemployment drug testing as a part of a 3 13 preemployment physical. 3 14 The bill further permits an employer to require an employee 3 15 who has been referred to substance abuse evaluation to submit 3 16 to random drug testing for 12 months following completion of 3 17 substance abuse treatment. The bill limits the number of 3 18 random tests to no more than four. 3 19 The bill provides that an employer is deemed to have 3 20 probable cause to drug test an employee when the employee is 3 21 involved in a workplace accident resulting in personal injury 3 22 or damage to property of over $1,000 if certain conditions are 3 23 met. 3 24 A violation of any provision of the drug testing section 3 25 constitutes a simple misdemeanor. 3 26 LSB 2391SS 76 3 27 ec/jj/8
Text: SF00266 Text: SF00268 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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