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House Journal: Page 843: Monday, March 20, 1995

26   agent or representative of the tested employee or
27   applicant.
28     (2)  The test results disclosed incorrectly
29   indicate the presence of alcohol or a controlled
30   substance.
31     (3)  The employer negligently or intentionally
32   discloses the results.
33     d.  For the purposes of this section, the results
34   of a drug test conducted in compliance with this
35   section are presumed to be valid.
36     13.  No physician-patient relationship is created
37   between an employee or job applicant and an employer,
38   medical review officer, or substance abuse testing
39   laboratory performing or evaluating a substance abuse
40   test solely by the establishment, implementation, or
41   administration of a substance abuse testing program.
42     14.  Nothing in this section shall be construed to
43   infringe on, contradict, preempt, or otherwise
44   conflict with the valid provisions of any existing
45   collective bargaining agreement, or to otherwise
46   abridge or infringe on the rights and responsibilities
47   of all parties in the collective bargaining process to
48   negotiate to agreement on any collective bargaining
49   agreement provision.  Such contract provisions are
50   fully valid and enforceable, notwithstanding the
Page 14
 1   provisions of this section."

Fallon of Polk asked and received unanimous consent to withdraw
the following amendments, to amendment H-3322, filed by him on
March 16, 1995: H-3329 and H-3330.
Schrader of Marion offered the following amendment H-3348, to
amendment H-3322, filed by him from the floor and moved its
adoption:
H-3348

 1     Amend the amendment, H-3322, to House File 258 as
 2   follows:
 3     1.  Page 4, by inserting after line 22 the
 4   following:
 5     "c.  In addition to the requirements of paragraph
 6   "a", an employer shall, in order to maintain a
 7   comprehensive drug-free workplace program that
 8   qualifies for the protections of this section, submit
 9   a report annually to the Iowa department of public
10   health documenting the number of tests conducted, the
11   results of the tests conducted, and the direct costs
12   associated with the testing."
13     2.  By renumbering as necessary.
Amendment H-3348 was adopted.

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/00800/00843.html
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