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House Journal: Page 361: Monday, February 19, 1996

18   physical is only permissible In addition to drug
19   testing permitted by subsection 3, drug testing of an
20   employee or applicant for employment shall also be
21   permitted under the following circumstances:
22     a.  For a preemployment physical, the employer
23   shall include notice that a drug test will be part of
24   a preemployment physical in any notice or
25   advertisement soliciting applicants for employment or
26   in the application for employment, and an applicant
27   for employment shall be personally informed of the
28   requirement for a drug test at the first interview.
29     b.  For a regularly scheduled physical, the
30   employer shall give notice that a drug test will be
31   part of the physical at least thirty days prior to the
32   date the physical is scheduled.
33     c.  An employer may require an employee, as a
34   condition of employment, to undergo drug testing if
35   that employee has been referred by the employer for
36   substance abuse evaluation pursuant to subsection 3,
37   paragraph "f", and treatment, if recommended by the
38   evaluation.  The employee may be required to undergo
39   drug testing without prior notice, but in no case
40   shall more than two tests be conducted in the twelve-
41   month period following the employee's completion of
42   substance abuse treatment if the treatment was
43   recommended by the evaluation.  A drug test shall not
44   be required of an employee by an employer during drug
45   treatment of the employee, if such testing would
46   duplicate testing of the employee conducted in the
47   course of treatment and the employee has waived
48   confidentiality as to the employer of the results of
49   such testing.  An employer shall not require an
50   employee to submit to drug testing under this

Page   4

 1   paragraph if more than twelve months have elapsed
 2   since the employee successfully completed drug
 3   treatment and the employee has not had a drug test
 4   conducted indicating the presence of alcohol or an
 5   illegal controlled substance during that twelve-month
 6   period.
 7     Drug testing conducted under this subsection shall
 8   conform to the requirements of subsection 3,
 9   paragraphs "c", "d", "e", and "f"; however, paragraph
10   "f" shall not apply to drug tests conducted as a part
11   of a preemployment physical.
12     Sec. 6.  Section 730.5, Code 1995, is amended by
13   adding the following new subsection:
14     NEW SUBSECTION.  12.  An employer who conducts a
15   drug test pursuant to this section shall, for each
16   fiscal year beginning on or after July 1, 1995, file
17   an annual written report with the labor division of

Iowa General Assembly

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

© 1996 Cornell College and League of Women Voters of Iowa

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