Text: HF00288 Text: HF00290 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 730.5, subsection 1, Code 1997, is 1 2 amended to read as follows: 1 3 1. As used in this section, unless the context otherwise 1 4 requires: 1 5 a. "drugDrug test" means any blood, urine, saliva, 1 6 chemical, or skin tissue test conducted for the purpose of 1 7 detecting the presence of a chemical substance in an 1 8 individual. 1 9 b. "Neutral selection basis" means a mechanism for 1 10 selecting employees for drug testing that results in an equal 1 11 probability that any employee from a group of employees 1 12 subject to the selection mechanism will be selected and that 1 13 does not give an employer discretion to waive the selection of 1 14 any employee selected under the mechanism. 1 15 c. "Public safety employee" means an employee of the state 1 16 or a political subdivision of the state who is a fire fighter, 1 17 peace officer as defined in section 801.4, or an emergency 1 18 medical care provider as defined in section 147A.1. 1 19 Sec. 2. Section 730.5, subsection 3, paragraphs a and b, 1 20 Code 1997, are amended to read as follows: 1 21 a. The employer has probable cause to believe that an 1 22 employee's faculties are impaired on the job. However, an 1 23 employer may require a public safety employee to submit to a 1 24 drug test on a neutral selection basis. 1 25 b. The employee is in a position where such impairment 1 26 presents a danger to the safety of the employee, another 1 27 employee, a member of the public, or the property of the 1 28 employer,orwhen impairment due to the effects of a 1 29 controlled substance is a violation of a known rule of the 1 30 employer, or when the employee is a public safety employee. 1 31 Sec. 3. Section 730.5, subsection 3, paragraph f, Code 1 32 1997, is amended by adding the following new unnumbered 1 33 paragraph: 1 34 NEW UNNUMBERED PARAGRAPH. However, an employer of a public 1 35 safety employee whose drug test indicates the presence of 2 1 alcohol or a controlled substance may discipline the employee, 2 2 up to and including discharge, and shall require, as a 2 3 condition of employment, that the employee undergo substance 2 4 abuse evaluation and treatment at the employee's expense, 2 5 unless evaluation and treatment are provided under an employee 2 6 benefit plan. A drug test of a public safety employee who is 2 7 a fire fighter or peace officer indicating the presence of 2 8 alcohol or a controlled substance and which is neither 2 9 rebutted nor explained by the employee constitutes misconduct 2 10 for purposes of chapter 400. 2 11 EXPLANATION 2 12 This bill provides for random drug testing of public safety 2 13 employees. The bill defines "public safety employee" as a 2 14 fire fighter, peace officer, or emergency medical care 2 15 provider, and establishes the requirements of a random drug 2 16 test. The bill also provides that a public safety employee 2 17 who tests positive for drugs or alcohol may be disciplined, 2 18 including discharge, and shall be required, as a condition of 2 19 employment, to complete substance abuse evaluation and 2 20 treatment at the employee's expense unless such treatment is 2 21 provided under an employee benefit plan. The bill also 2 22 provides that a positive drug test for a fire fighter or peace 2 23 officer constitutes misconduct for purposes of discipline 2 24 under chapter 400. 2 25 A violation of the section concerning drug testing of 2 26 employees constitutes a simple misdemeanor. 2 27 LSB 1668HH 77 2 28 ec/cf/24
Text: HF00288 Text: HF00290 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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