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House Journal: Page 842: Monday, March 20, 1995

24   in the performance of job responsibilities.  Such
25   screening or tests shall be limited to any rule or
26   regulation issued pursuant thereto, unless prior
27   written consent of the employee is obtained for other
28   tests.
29     12.  a.  Employers shall not have a legal duty to
30   request or require an employee or applicant for
31   employment to undergo drug testing as authorized in
32   this section.  A cause of action shall not arise in
33   favor of any person based upon the failure of an
34   employer to establish a program or policy on substance
35   abuse prevention, to implement drug or alcohol
36   testing, to request or require any employee or
37   applicant for employment to submit to a drug test, or
38   to require drug testing as permitted by this section.
39     b.  Except as otherwise provided in paragraph "c",
40   a cause of action shall not arise against an employer
41   for any of the following:
42     (1)  Actions taken by the employer in good faith
43   based upon the results of a drug test indicating the
44   presence of alcohol or a controlled substance.  An
45   employer does not act in good faith if the employer
46   knew or clearly should have known that the drug test
47   result indicating the presence of alcohol or a
48   controlled substance was in error and the employer
49   ignores the correct result in a willful and reckless
50   manner.
Page 13
 1     (2)  Actions taken, or not taken, by an employer
 2   based upon a reported negative or inconclusive test
 3   result, whether the test result is correct or
 4   incorrect.
 5     (3)  Failure to test for, or if tested for, failure
 6   to detect alcohol or any specific controlled
 7   substance, or any medical condition, including any
 8   mental or physical disorder or condition.
 9     (4)  Not establishing, or if established,
10   terminating or suspending, a substance abuse
11   prevention or drug testing program or policy.
12     c.  Except for a cause of action specifically
13   provided by this section, a separate cause of action
14   for defamation, libel, slander, damage to reputation,
15   or other similar cause of action shall not arise
16   against an employer, including an individual who is an
17   agent or employee of the employer, which has
18   established or is maintaining a program of drug
19   testing in accordance with this section unless all of
20   the following apply:
21     (1) Except as specifically authorized by this
22   section, the employer discloses the test results to a
23   person other than an authorized employee, agent, or
24   representative of the employer, the tested employee or
25   the tested applicant for employment, or an authorized

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.

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URL: /DOCS/GA/76GA/Session.1/HJournal/00800/00842.html
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