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House Journal: Page 837: Monday, March 20, 1995

17     b.  An employer is required to conduct the
18   following types of tests in order to qualify for the
19   provisions of subsection 2:
20     (1)  An employer must require job applicants to
21   submit to a substance abuse test after extending an
22   offer of employment and may use a refusal to submit or
23   a positive confirmed test as a basis for not hiring
24   the job applicant.
25     (2)  An employer must require an employee to submit
26   to reasonable suspicion testing.
27     (3)  An employer must require an employee to submit
28   to a substance abuse test if the test is conducted as
29   part of a routinely scheduled employee fitness-for-
30   duty medical examination that is part of the
31   employer's established policy or that is scheduled
32   routinely for all members of an employment classi-
33   fication or group.
34     (4)  If the employee in the course of employment
35   enters an employee assistance program or
36   rehabilitation program as a result of a positive test
37   or if the employee has been mandatorily referred to an
38   employee assistance program as a result of a positive
39   test, the employer must require the employee to submit
40   to a substance abuse test as a follow-up to such
41   program.  However, if an employee voluntarily entered
42   the program, follow-up testing is not required.  If
43   follow-up testing is conducted, the frequency of such
44   testing shall be after completion of the program and
45   advance notice of the testing date shall not be given
46   to the employee and shall be conducted no more than
47   four times in the first year following completion of
48   the program and no more than three times in the second
49   year following completion of the program.
50     (5)  If the employee has caused or contributed to
Page 8
 1   an accident during the course of employment, the
 2   employer must conduct post-accident testing.
 3     c.  Nothing in this section shall prohibit an
 4   employer from conducting lawful testing of employees.
 5     d.  All specimen collection and testing under this
 6   subsection shall be performed in accordance with the
 7   following procedures:
 8     (1)  A specimen shall be collected in accordance
 9   with the specimen collection procedures described in
10   regulations approved by the federal department of
11   health and human services, the college of American
12   pathologists, or the United States department of
13   transportation regulations for alcohol testing.
14     (2)  A specimen shall be collected with due regard
15   to the privacy of the individual providing the
16   specimen, and in a manner reasonably calculated to
17   prevent substitution or contamination of the specimen.

Iowa General Assembly

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

© 1995 Cornell College and League of Women Voters of Iowa

Comments? hjourn@legis.iowa.gov.

Last update: Sun Jan 14 21:05:02 CST 1996
URL: /DOCS/GA/76GA/Session.1/HJournal/00800/00837.html
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