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House Journal: Page 841: Monday, March 20, 1995

21     c.  Nothing in this section shall be construed to
22   call for actions that may violate federal or state
23   confidentiality statutes for employee assistance
24   professionals and alcohol and other drug abuse
25   counseling or treatment providers.
26     d.  Information on test results shall not be
27   released or used in any criminal proceeding against
28   the employee or job applicant.  Information released
29   contrary to this subsection shall be inadmissible as
30   evidence in any such criminal proceeding.
31     e.  Nothing contained in this section shall be
32   construed to prohibit the employer, agent of the
33   employer, or laboratory conducting a test from having
34   access to employee test information when consulting
35   with legal counsel in connection with actions related
36   to this section or when the information is relevant to
37   its defense in a civil or administrative matter.
38     10.  Upon receipt of a confirmed "positive"
39   substance abuse test result that indicates a violation
40   of the employer's written policy, or upon the refusal
41   of an employee or prospective employee to provide a
42   testing sample, an employer may use that confirmed
43   test result or test refusal as a valid basis for
44   rehabilitative or disciplinary actions, which may
45   include, among other actions, any of the following:
46     a.  A requirement that the employee enroll in an
47   employee assistance program, or an employer-provided
48   or approved rehabilitation, treatment, or a counseling
49   program certified by the department of public health
50   as discussed in subsection 5.  These may include
Page 12
 1   additional substance abuse testing, participation in
 2   which may be a condition of continued employment, and
 3   the costs of which may or may not be covered by the
 4   employer's health plan or policies.
 5     b.  Suspension of the employee, with or without
 6   pay, for a designated period of time.
 7     c.  Termination of employment.
 8     d.  Refusal to hire a prospective employee.
 9     e.  Other action in conformance with the employer's
10   written policy and procedures, including any
11   applicable collective bargaining agreement provisions.
12     11.  a.  Nothing in this section shall be construed
13   to prevent an employer from establishing reasonable
14   work rules relating to employee manufacture, sale,
15   distribution, possession, or use of drugs, including
16   convictions for drug-related offenses, and taking
17   action based upon a violation of any of those rules.
18     b.  Nothing in this section shall be construed to
19   prohibit an employer from conducting medical screening
20   or other tests required, permitted, or not disallowed
21   by any statute, rule, or regulation for the purpose of
22   monitoring exposure of employees to lead, asbestos, or
23   other toxic or unhealthy materials in the workplace or

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/00800/00841.html
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