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Text: HF00288                           Text: HF00290
Text: HF00200 - HF00299                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

House File 289

Partial Bill History

Bill Text

  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.  "drug Drug 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, or when 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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