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House Journal: Page 359: Monday, February 19, 1996

18     2.  Except as provided in subsection 7, an employer
19   shall not require or request employees or applicants
20   for employment to submit to a drug test as a condition
21   of employment, preemployment, promotion, or change in
22   status of employment.  An employer shall not request,
23   require, or conduct random or blanket drug testing of
24   employees.  However, this section does not apply to
25   preemployment drug tests authorized for peace officers
26   or correctional officers of the state, or to drug
27   tests required under federal statutes or under federal
28   regulations adopted as of July 1, 1990 in effect on
or
29   before February 16, 1995, or to drug tests conducted
30   pursuant to a nuclear regulatory commission
31   regulation, or to drug tests conducted to determine if
32   an employee is ineligible to receive workers'
33   compensation under section 85.16, subsection 2.
34     The exemption granted by this subsection relating
35   to drug testing pursuant to federal regulations
36   adopted as of July 1, 1990 in effect on or before
37   February 16, 1995, is of no effect, as it applies to a
38   particular regulation, upon a finding by a court of
39   competent jurisdiction, including any appeal of such
40   finding, that the particular regulation is
41   unconstitutional or otherwise invalid.  The decision
42   of a court invalidating any regulation exempted by
43   this section shall not be stayed pending appeal.
44     Sec. 3.  Section 730.5, subsection 3, paragraph a,
45   Code 1995, is amended to read as follows:
46     a.  The employer has probable cause to believe that
47   an employee's faculties are impaired on the job.  For
48   purposes of this paragraph, an employer has probable
49   cause to believe that an employee's faculties are
50   impaired on the job if the employer is investigating

Page 2  

 1   an accident in the workplace and all of the following
 2   conditions are met:
 3     (1)  The employer has reasonable grounds to believe
 4   that the employee proposed to be tested either
 5   directly caused or directly contributed to the
 6   accident.
 7     (2)  The employer has reasonable grounds to believe
 8   that the employee's faculties were impaired and that
 9   the impairment was likely a substantial factor in
10   causing the accident.
11     (3)  The accident results in a personal injury
12   which requires medical treatment away from the
13   workplace or damage to property, including equipment,
14   in an amount reasonably estimated to exceed five
15   thousand dollars at the time of the accident.
16     (4)  Prior to the accident, the employer has
17   provided the employee to be tested with written notice

Iowa General Assembly

Index: House Journal (76th General Assembly: Session 2)

© 1996 Cornell College and League of Women Voters of Iowa

Comments? hjourn@legis.iowa.gov.

Last update: Tue Feb 20 13:45:03 CST 1996
URL: /DOCS/GA/76GA/Session.2/HJournal/00300/00359.html
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