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House Journal: Page 833: Monday, March 20, 1995

13   transferred drugs while working or while on the
14   employer's premises or while operating the employer's
15   vehicle, machinery, or equipment.
16     o.  "Rehabilitation program" means an established
17   program capable of providing expert identification,
18   assessment, and resolution of employee alcohol and
19   other drug abuse in a confidential and timely manner.
20   This service shall in all cases be provided by persons
21   certified as health professionals by the department of
22   public health to provide alcohol and other drug
23   rehabilitative services.
24     p.  "Specimen" means urine, blood, breath, hair,
25   tissue, or other such sample of the human body capable
26   of revealing the presence of alcohol or other drugs or
27   their metabolites.  Such tests must meet the
28   department of public health standards for scientific
29   and technical accuracy and afford the opportunity for
30   strict forensic chain of custody procedures.
31     q.  "Substance" means alcohol or other drugs.
32     r.  "Substance abuse test" or "test" means any
33   chemical, biological, or physical instrumental
34   analysis administered for the purpose of determining
35   the presence or absence of alcohol and other drugs or
36   their metabolites.
37     s.  "Threshold detection level" means the level at
38   which the presence of alcohol or other drugs can be
39   reasonably expected to be detected by an initial and
40   confirmatory test performed by a laboratory meeting
41   the standards specified in this section.  The
42   threshold detection level indicates the level at which
43   a valid conclusion can be drawn that the alcohol or
44   other drugs are present in the employee's specimen.
45     2.  It is lawful for an employer to test employees
46   or prospective employees for the presence of alcohol
47   or other drugs, in accordance with the provisions of
48   this section, as a condition of continued employment
49   or hiring.  However, in order to qualify for
50   protection from litigation regarding certain legal
Page 4
 1   claims for acting in good faith on the results of a
 2   substance abuse test, employers must implement and
 3   maintain a comprehensive drug-free workplace program
 4   and adhere to the procedural safeguards that demand
 5   accuracy and fairness as included in this section.
 6     3.  a.  A comprehensive drug-free workplace program
 7   must contain the following elements:
 8     (1)  Written policy statement as provided in
 9   subsection 4.
10     (2)  Employee assistance programs or rehabilitation
11   resources, in accordance with subsection 5.
12     (3)  Employee education as provided in subsection
13   6.

Iowa General Assembly

Index: House Journal (76th General Assembly: Session 1)

© 1995 Cornell College and League of Women Voters of Iowa

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URL: /DOCS/GA/76GA/Session.1/HJournal/00800/00833.html
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