Text: H01073 Text: H01075 Text: H01000 - H01099 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 299 as follows: 1 2 #1. By striking everything after the enacting 1 3 clause and inserting the following: 1 4 "Section 1. Section 730.5, subsection 1, Code 1 5 1997, is amended to read as follows: 1 6 1. As used in this section, unless the context 1 7 otherwise requires: 1 8 a. "drugDrug test" means any blood, urine, 1 9 saliva, chemical, or skin tissue test conducted for 1 10 the purpose of detecting the presence of a chemical 1 11 substance in an individual. 1 12 b. "Preemployment" means that period of time 1 13 between when a bona fide offer of employment is made 1 14 and when employment begins. 1 15 Sec. 2. Section 730.5, subsection 2, Code 1997, is 1 16 amended to read as follows: 1 17 2. Except as provided in subsection 7, an employer 1 18 shall not require or request employees or applicants 1 19 for employment to submit to a drug test as a condition 1 20 of employment, preemployment, promotion, or change in 1 21 status of employment. An employer shall not request, 1 22 require, or conduct random or blanket drug testing of 1 23 employees. However, this section does not apply to 1 24 preemployment drug tests authorized for peace officers 1 25 or correctional officers of the state, or to drug 1 26 tests required under federal statutes or under federal 1 27 regulationsadopted as of July 1, 1990, or to drug 1 28 tests conducted pursuant to a nuclear regulatory 1 29 commission regulation, or to drug tests conducted to 1 30 determine if an employee is ineligible to receive 1 31 workers' compensation under section 85.16, subsection 1 32 2. 1 33 The exemption granted by this subsection relating 1 34 to drug testing pursuant to federal regulations 1 35adopted as of July 1, 1990,is of no effect, as it 1 36 applies to a particular regulation, upon a finding by 1 37 a court of competent jurisdiction, including any 1 38 appeal of such finding, that the particular regulation 1 39 is unconstitutional or otherwise invalid. The 1 40 decision of a court invalidating any regulation 1 41 exempted by this section shall not be stayed pending 1 42 appeal. 1 43 Sec. 3. Section 730.5, subsection 3, paragraph a, 1 44 Code 1997, is amended to read as follows: 1 45 a. The employer has probable cause to believe that 1 46 an employee's faculties are impaired on the job. For 1 47 purposes of this paragraph, an employer has probable 1 48 cause to believe that an employee's faculties are 1 49 impaired on the job if the employer is investigating 1 50 an accident in the workplace and all of the following 2 1 conditions are met: 2 2 (1) The employer has reasonable grounds to believe 2 3 that the employee proposed to be tested either 2 4 directly caused or directly contributed to the 2 5 accident. 2 6 (2) The employer has reasonable grounds to believe 2 7 that the employee's faculties were impaired and that 2 8 the impairment was likely a substantial factor in 2 9 causing the accident. 2 10 (3) The accident results in a personal injury 2 11 which requires medical treatment away from the 2 12 workplace or damage to property, including equipment, 2 13 in an amount reasonably estimated to exceed three 2 14 thousand dollars at the time of the accident. 2 15 (4) Prior to the accident, the employer has 2 16 provided the employee to be tested with written notice 2 17 of the employer's rules or policies regarding alcohol 2 18 and controlled substances and testing when a workplace 2 19 accident or injury occurs. 2 20 Sec. 4. Section 730.5, subsection 3, paragraph c, 2 21 Code 1997, is amended to read as follows: 2 22 c. The test sample withdrawn from the employee is 2 23 analyzed by a laboratory or testing facility that has 2 24 been approved under rules adopted by the department of 2 25 public health. The laboratory or testing facility 2 26 shall test for and report to the employer only the 2 27 presence of alcohol or illegal controlled substances 2 28 in any test sample. Upon request by an employee or 2 29 applicant for employment, the employer shall provide 2 30 to the employee or applicant the results of any drug 2 31 test. The rules adopted by the department of public 2 32 health shall provide for all of the following: 2 33 (1) The initial screening test may utilize 2 34 immunoassay, thin layer, high performance liquid or 2 35 gas chromatography, or an equivalent technology. If 2 36 the initial test utilizes immunoassay, the test kit 2 37 must meet the requirements of the United States food 2 38 and drug administration. 2 39 (2) Samples which have tested positive by initial 2 40 testing, with the exception of alcohol, shall be 2 41 confirmed by gas chromatography-mass spectrometry or 2 42 by a scientifically equivalent technique approved by 2 43 the department. 2 44 (3) All initial positive drug test results with 2 45 the exception of alcohol shall be confirmed by gas 2 46 chromatography-mass spectrometry or an equivalent test 2 47 approved by the department before being reported as 2 48 positive or negative. 2 49 (4) All initial positive test results for alcohol 2 50 shall be confirmed by gas chromatography, or a test 3 1 that is recognized by the department as an equivalent 3 2 test before being reported as positive or negative. 3 3 (5) Preliminary reports for drugs other than 3 4 alcohol shall not be issued in the absence of 3 5 confirmation by gas chromatography-mass spectrometry 3 6 or a scientifically equivalent test approved by the 3 7 department. 3 8 (6) Complete chain of custody procedures shall be 3 9 used for referred specimens. When sample volumes 3 10 permit, it is recommended that only an aliquot of the 3 11 original specimen be sent to a reference laboratory. 3 12 Sec. 5. Section 730.5, subsection 7, Code 1997, is 3 13 amended to read as follows: 3 14 7.A drug test conducted as a part of a physical3 15examination performed as a part of a preemployment3 16physical or as a part of a regularly scheduled3 17physical is only permissibleIn addition to drug 3 18 testing permitted by subsection 3, drug testing of an 3 19 employee or applicant for employment shall also be 3 20 permitted under the following circumstances: 3 21 a. For a drug test during a preemployment 3 22 physical, the employer shall include notice that a 3 23 drug test will be part of a preemployment physical in 3 24 any notice or advertisement soliciting applicants for 3 25 employment or in the application for employment, and 3 26 an applicant for employment shall be personally 3 27 informed of the requirement for a drug test at the 3 28 first interview. 3 29 If the test sample withdrawn from the applicant is 3 30 analyzed by the state hygienic laboratory or a 3 31 laboratory certified by, and at the request of, the 3 32 state hygienic laboratory, the cost of the initial 3 33 test of the sample shall not be paid for by the 3 34 employer but shall be paid for by the state. 3 35 b. For a drug test during a regularly scheduled 3 36 physical, the employer shall give notice that a drug 3 37 test will be part of the physical at least thirty days 3 38 prior to the date the physical is scheduled. 3 39 c. For a preemployment drug test not conducted as 3 40 part of a preemployment physical, the employer shall 3 41 provide that any sample taken for analysis be taken 3 42 under the direct supervision of a person licensed 3 43 under chapter 148, 148C, 150A, or 152, and that the 3 44 sample shall be analyzed by the state hygienic 3 45 laboratory or a laboratory certified by, and at the 3 46 request of, the state hygienic laboratory. 3 47 d. An employer may require an employee, as a 3 48 condition of employment, to undergo testing for 3 49 illegal use of drugs if that employee has been 3 50 referred by the employer for substance abuse 4 1 evaluation pursuant to subsection 3, paragraph "f", 4 2 and treatment, if recommended by the evaluation. The 4 3 employee may be required to undergo testing for 4 4 illegal use of drugs without prior notice, but in no 4 5 case shall more than three tests be conducted in the 4 6 eighteen-month period following the employee's 4 7 completion of substance abuse treatment if the 4 8 treatment was recommended by the evaluation. A drug 4 9 test shall not be required of an employee by an 4 10 employer during drug treatment of the employee, if 4 11 such testing would duplicate testing of the employee 4 12 conducted in the course of treatment and the employee 4 13 has waived confidentiality as to the employer of the 4 14 results of such testing. An employer shall not 4 15 require an employee to submit to testing for illegal 4 16 use of drugs under this paragraph if more than 4 17 eighteen months have elapsed since the employee 4 18 successfully completed drug treatment and the employee 4 19 has not had a drug test conducted indicating the 4 20 presence of alcohol or an illegal controlled substance 4 21 during that eighteen-month period. 4 22 e. If a preemployment drug test is conducted on an 4 23 applicant who does not reside in this state, the 4 24 sample taken for analysis shall be maintained under 4 25 the supervision of a comparable licensed person in the 4 26 state in which the test is conducted and the drug test 4 27 shall be performed by a laboratory certified by United 4 28 States department of health and human services. 4 29 Drug testing conducted under this subsection shall 4 30 conform to the requirements of subsection 3, 4 31 paragraphs "c", "d", "e", and "f"; however, paragraph 4 32 "f" shall not apply to preemployment drug tests 4 33conducted as a part of a preemployment physical. 4 34 Sec. 6. Section 730.5, subsection 9, paragraph a, 4 35 Code 1997, is amended to read as follows: 4 36 a. A person who violates this section or who aids 4 37 in the violation of this section is liable to an 4 38 aggrieved employee or applicant for employment for 4 39 affirmative relief including reinstatement or hiring, 4 40 with or without back pay, liquidated damages in the 4 41 amount of one hundred dollars for each violation, or 4 42 any other equitable relief as the court deems 4 43 appropriate including attorney fees and court costs. 4 44 Sec. 7. Section 730.5, subsection 11, Code 1997, 4 45 is amended by striking the subsection. 4 46 Sec. 8. Section 730.5, Code 1997, is amended by 4 47 adding the following new subsections: 4 48 NEW SUBSECTION. 12. An employer who conducts a 4 49 drug test pursuant to this section shall, for each 4 50 fiscal year beginning on or after July 1, 1997, file 5 1 an annual report with the division of labor services 5 2 of the department of employment services, on forms 5 3 provided by the division, documenting separately the 5 4 following information for all preemployment drug 5 5 tests, regularly scheduled drug tests, and drug tests 5 6 conducted pursuant to a finding of probable cause: 5 7 a. The number of drug tests conducted in each 5 8 category. 5 9 b. The results of drug tests conducted in each 5 10 category. 5 11 c. The number of personal injuries, and the dollar 5 12 loss for property damage, arising out of the use of 5 13 alcohol and illegal controlled substances by 5 14 employees. 5 15 d. The cumulative direct costs of drug tests in 5 16 each category. 5 17 e. The cost of substance abuse evaluation and 5 18 treatment for employees in each category. 5 19 NEW SUBSECTION. 13. Any court ordered drug test 5 20 shall not in any manner affect the rights of an 5 21 employer to conduct a drug test under this section." 5 22 #2. Title page, line 1, by striking the words 5 23 "private sector" and inserting the following: 5 24 "certain". 5 25 #3. Title page, by striking lines 2 through 3 and 5 26 inserting the following: "employees and applicants 5 27 for employment, providing for employer reporting of 5 28 testing, and making remedies applicable." 5 29 5 30 5 31 5 32 MURPHY of Dubuque 5 33 5 34 5 35 5 36 BELL of Jasper 5 37 5 38 5 39 5 40 CONNORS of Polk 5 41 5 42 5 43 5 44 DOTZLER of Black Hawk 5 45 5 46 5 47 5 48 FALCK of Fayette 5 49 5 50 6 1 6 2 KINZER of Scott 6 3 6 4 6 5 6 6 LARKIN of Lee 6 7 6 8 6 9 6 10 O'BRIEN of Boone 6 11 6 12 6 13 6 14 RICHARDSON of Warren 6 15 6 16 6 17 6 18 SCHERRMAN of Dubuque 6 19 6 20 6 21 6 22 SHOULTZ of Black Hawk 6 23 6 24 6 25 6 26 TAYLOR of Linn 6 27 6 28 6 29 6 30 WHITEAD of Woodbury 6 31 6 32 6 33 6 34 WITT of Black Hawk 6 35 HF 299.701 77 6 36 ec/sc/28
Text: H01073 Text: H01075 Text: H01000 - H01099 Text: H Index Bills and Amendments: General Index Bill History: General Index
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