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House Amendment 1179

Amendment Text

PAG LIN
  1  1    Amend House File 289 as follows:
  1  2    #1.  By striking everything after the enacting
  1  3 clause and inserting the following:
  1  4    "Section 1.  NEW SECTION.  730.6  PUBLIC SAFETY
  1  5 EMPLOYEES – DRUG TESTING.
  1  6    1.  For purposes of this section, "public safety
  1  7 employee" means an employee of the state or a
  1  8 political subdivision of the state who is a fire
  1  9 fighter, a peace officer as defined in section 801.4,
  1 10 or an emergency medical care provider as defined in
  1 11 section 147A.1.
  1 12    2.  Notwithstanding the provisions of section 730.5
  1 13 to the contrary, an employer of public safety
  1 14 employees may elect to require public safety employees
  1 15 of the employer to submit to drug and alcohol testing
  1 16 pursuant to a written policy adopted by the employer
  1 17 and applicable to all such employees.  The written
  1 18 policy shall establish procedures and standards for
  1 19 drug and alcohol testing of public safety employees
  1 20 which shall be consistent with the procedures and
  1 21 standards established for drug and alcohol testing of
  1 22 employees under the federal Omnibus Transportation
  1 23 Employee Testing Act of 1991.
  1 24    3.  The written policy shall provide that upon
  1 25 receipt for a public safety employee of the first
  1 26 confirmed positive drug or alcohol test result, the
  1 27 employer shall provide the public safety employee with
  1 28 a substance abuse evaluation, and treatment if
  1 29 recommended by the evaluation, with costs apportioned
  1 30 as provided under the employee benefit plan or at
  1 31 employer expense, if an employee benefit plan is not
  1 32 in effect which apportions costs.  The employer shall
  1 33 take no disciplinary action against the public safety
  1 34 employee upon receipt of the first confirmed positive
  1 35 drug or alcohol test result if the public safety
  1 36 employee undergoes a substance abuse evaluation, and
  1 37 if the public safety employee successfully completes
  1 38 substance abuse treatment if treatment is recommended
  1 39 by the evaluation.  However, if a public safety
  1 40 employee fails to undergo substance abuse evaluation
  1 41 when required as a result of a drug or alcohol test,
  1 42 fails to successfully complete substance abuse
  1 43 treatment when recommended by an evaluation, or fails
  1 44 to pass subsequent drug or alcohol tests as provided
  1 45 in the written policy, the public safety employee may
  1 46 be disciplined up to and including discharge.  The
  1 47 substance abuse evaluation and treatment provided by
  1 48 the employer shall take place under a program approved
  1 49 by the department of public health or accredited by
  1 50 the joint commission on the accreditation of health
  2  1 care organizations."
  2  2    #2.  Title page, lines 1 and 2, by striking the
  2  3 words "and making penalties applicable".  
  2  4 
  2  5 
  2  6                               
  2  7 COMMITTEE ON LOCAL GOVERNMENT
  2  8 VANDE HOEF of Osceola, Chairperson
  2  9 HF 289.302 77
  2 10 ec/cf/28
     

Text: H01178                            Text: H01180
Text: H01100 - H01199                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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