Text: HF00628 Text: HF00630 Text: HF00600 - HF00699 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. "Preemployment" means that period of time between when 1 10 a bona fide offer of employment is made and when employment 1 11 begins. 1 12 Sec. 2. Section 730.5, subsection 2, Code 1997, is amended 1 13 to read as follows: 1 14 2. Except as provided in subsection 7, an employer shall 1 15 not require or request employees or applicants for employment 1 16 to submit to a drug test as a condition of employment, 1 17 preemployment, promotion, or change in status of employment. 1 18 An employer shall not request, require, or conduct random or 1 19 blanket drug testing of employees. However, this section does 1 20 not apply to preemployment drug tests authorized for peace 1 21 officers or correctional officers of the state, or to drug 1 22 tests required under federal statutes or under federal 1 23 regulationsadopted as of July 1, 1990, or to drug tests 1 24 conducted pursuant to a nuclear regulatory commission 1 25 regulation, or to drug tests conducted to determine if an 1 26 employee is ineligible to receive workers' compensation under 1 27 section 85.16, subsection 2. 1 28 The exemption granted by this subsection relating to drug 1 29 testing pursuant to federal regulationsadopted as of July 1,1 301990,is of no effect, as it applies to a particular 1 31 regulation, upon a finding by a court of competent 1 32 jurisdiction, including any appeal of such finding, that the 1 33 particular regulation is unconstitutional or otherwise 1 34 invalid. The decision of a court invalidating any regulation 1 35 exempted by this section shall not be stayed pending appeal. 2 1 Sec. 3. Section 730.5, subsection 3, paragraph a, Code 2 2 1997, is amended to read as follows: 2 3 a. The employer has probable cause to believe that an 2 4 employee's faculties are impaired on the job. For purposes of 2 5 this paragraph, an employer has probable cause to believe that 2 6 an employee's faculties are impaired on the job if the 2 7 employer is investigating an accident in the workplace and all 2 8 of the following conditions are met: 2 9 (1) The employer has reasonable grounds to believe that 2 10 the employee proposed to be tested either directly caused or 2 11 directly contributed to the accident. 2 12 (2) The employer has reasonable grounds to believe that 2 13 the employee's faculties were impaired and that the impairment 2 14 was likely a substantial factor in causing the accident. 2 15 (3) The accident results in a personal injury which 2 16 requires medical treatment away from the workplace or damage 2 17 to property, including equipment, in an amount reasonably 2 18 estimated to exceed three thousand dollars at the time of the 2 19 accident. 2 20 (4) Prior to the accident, the employer has provided the 2 21 employee to be tested with written notice of the employer's 2 22 rules or policies regarding alcohol and controlled substances 2 23 and testing when a workplace accident or injury occurs. 2 24 Sec. 4. Section 730.5, subsection 3, paragraph c, Code 2 25 1997, is amended to read as follows: 2 26 c. The test sample withdrawn from the employee is analyzed 2 27 by a laboratory or testing facility that has been approved 2 28 under rules adopted by the department of public health. The 2 29 laboratory or testing facility shall test for and report to 2 30 the employer only the presence of alcohol or illegal 2 31 controlled substances in any test sample. Upon request by an 2 32 employee or applicant for employment, the employer shall 2 33 provide to the employee or applicant the results of any drug 2 34 test. The rules adopted by the department of public health 2 35 shall provide for all of the following: 3 1 (1) The initial screening test may utilize immunoassay, 3 2 thin layer, high performance liquid or gas chromatography, or 3 3 an equivalent technology. If the initial test utilizes 3 4 immunoassay, the test kit must meet the requirements of the 3 5 United States food and drug administration. 3 6 (2) Samples which have tested positive by initial testing, 3 7 with the exception of alcohol, shall be confirmed by gas 3 8 chromatography-mass spectrometry or by a scientifically 3 9 equivalent technique approved by the department. 3 10 (3) All initial positive drug test results with the 3 11 exception of alcohol shall be confirmed by gas chromatography- 3 12 mass spectrometry or an equivalent test approved by the 3 13 department before being reported as positive or negative. 3 14 (4) All initial positive test results for alcohol shall be 3 15 confirmed by gas chromatography, or a test that is recognized 3 16 by the department as an equivalent test before being reported 3 17 as positive or negative. 3 18 (5) Preliminary reports for drugs other than alcohol shall 3 19 not be issued in the absence of confirmation by gas 3 20 chromatography-mass spectrometry or a scientifically 3 21 equivalent test approved by the department. 3 22 (6) Complete chain of custody procedures shall be used for 3 23 referred specimens. When sample volumes permit, it is 3 24 recommended that only an aliquot of the original specimen be 3 25 sent to a reference laboratory. 3 26 Sec. 5. Section 730.5, subsection 7, Code 1997, is amended 3 27 to read as follows: 3 28 7.A drug test conducted as a part of a physical3 29examination performed as a part of a preemployment physical or3 30as a part of a regularly scheduled physical is only3 31permissibleIn addition to drug testing permitted by 3 32 subsection 3, drug testing of an employee or applicant for 3 33 employment shall also be permitted under the following 3 34 circumstances: 3 35 a. For a drug test during a preemployment physical, the 4 1 employer shall include notice that a drug test will be part of 4 2 a preemployment physical in any notice or advertisement 4 3 soliciting applicants for employment or in the application for 4 4 employment, and an applicant for employment shall be 4 5 personally informed of the requirement for a drug test at the 4 6 first interview. 4 7 If the test sample withdrawn from the applicant is analyzed 4 8 by the state hygienic laboratory or a laboratory certified by, 4 9 and at the request of, the state hygienic laboratory, the cost 4 10 of the initial test of the sample shall not be paid for by the 4 11 employer but shall be paid for by the state. 4 12 b. For a drug test during a regularly scheduled physical, 4 13 the employer shall give notice that a drug test will be part 4 14 of the physical at least thirty days prior to the date the 4 15 physical is scheduled. 4 16 c. For a preemployment drug test not conducted as part of 4 17 a preemployment physical, the employer shall provide that any 4 18 sample taken for analysis be taken under the direct 4 19 supervision of a person licensed under chapter 148, 148C, 4 20 150A, or 152, and that the sample shall be analyzed by the 4 21 state hygienic laboratory or a laboratory certified by, and at 4 22 the request of, the state hygienic laboratory. 4 23 d. An employer may require an employee, as a condition of 4 24 employment, to undergo testing for illegal use of drugs if 4 25 that employee has been referred by the employer for substance 4 26 abuse evaluation pursuant to subsection 3, paragraph "f", and 4 27 treatment, if recommended by the evaluation. The employee may 4 28 be required to undergo testing for illegal use of drugs 4 29 without prior notice, but in no case shall more than three 4 30 tests be conducted in the eighteen-month period following the 4 31 employee's completion of substance abuse treatment if the 4 32 treatment was recommended by the evaluation. A drug test 4 33 shall not be required of an employee by an employer during 4 34 drug treatment of the employee, if such testing would 4 35 duplicate testing of the employee conducted in the course of 5 1 treatment and the employee has waived confidentiality as to 5 2 the employer of the results of such testing. An employer 5 3 shall not require an employee to submit to testing for illegal 5 4 use of drugs under this paragraph if more than eighteen months 5 5 have elapsed since the employee successfully completed drug 5 6 treatment and the employee has not had a drug test conducted 5 7 indicating the presence of alcohol or an illegal controlled 5 8 substance during that eighteen-month period. 5 9 e. If a preemployment drug test is conducted on an 5 10 applicant who does not reside in this state, the sample taken 5 11 for analysis shall be maintained under the supervision of a 5 12 comparable licensed person in the state in which the test is 5 13 conducted and the drug test shall be performed by a laboratory 5 14 certified by United States department of health and human 5 15 services. 5 16 Drug testing conducted under this subsection shall conform 5 17 to the requirements of subsection 3, paragraphs "c", "d", "e", 5 18 and "f"; however, paragraph "f" shall not apply to 5 19 preemployment drug testsconducted as a part of a5 20preemployment physical. 5 21 Sec. 6. Section 730.5, subsection 9, paragraph a, Code 5 22 1997, is amended to read as follows: 5 23 a. A person who violates this section or who aids in the 5 24 violation of this section is liable to an aggrieved employee 5 25 or applicant for employment for affirmative relief including 5 26 reinstatement or hiring, with or without back pay, liquidated 5 27 damages in the amount of one hundred dollars for each 5 28 violation, or any other equitable relief as the court deems 5 29 appropriate including attorney fees and court costs. 5 30 Sec. 7. Section 730.5, subsection 11, Code 1997, is 5 31 amended by striking the subsection. 5 32 Sec. 8. Section 730.5, Code 1997, is amended by adding the 5 33 following new subsection: 5 34 NEW SUBSECTION. 12. An employer who conducts a drug test 5 35 pursuant to this section shall, for each fiscal year beginning 6 1 on or after July 1, 1997, file an annual report with the 6 2 division of labor services of the department of workforce 6 3 development, on forms provided by the division, documenting 6 4 separately the following information for all preemployment 6 5 drug tests, regularly scheduled drug tests, and drug tests 6 6 conducted pursuant to a finding of probable cause: 6 7 a. The number of drug tests conducted in each category. 6 8 b. The results of drug tests conducted in each category. 6 9 c. The number of personal injuries, and the dollar loss 6 10 for property damage, arising out of the use of alcohol and 6 11 illegal controlled substances by employees. 6 12 d. The cumulative direct costs of drug tests in each 6 13 category. 6 14 e. The cost of substance abuse evaluation and treatment 6 15 for employees in each category. 6 16 EXPLANATION 6 17 This bill makes changes in Iowa's law governing drug 6 18 testing of employees and applicants for employment. 6 19 The bill provides for drug testing during preemployment if 6 20 the test is taken by certain licensed health care providers 6 21 and if the test is analyzed by the state hygienic laboratory 6 22 or a laboratory certified by the state laboratory. If the 6 23 preemployment drug test is conducted as part of a physical and 6 24 the test sample is analyzed by the state hygienic laboratory, 6 25 the bill provides that the employer shall not be liable for 6 26 the cost of the analysis and that the state shall pay for the 6 27 initial test. 6 28 The bill provides for the conditions necessary to permit a 6 29 drug test pursuant to probable cause and also provides for the 6 30 manner of conducting the analysis of a drug test sample. 6 31 The bill also permits an employer to require an employee 6 32 who has been referred to substance abuse evaluation to submit 6 33 to no more than three random drug tests for 18 months 6 34 following completion of substance abuse treatment. 6 35 The bill also provides for a $100 liquidated damage penalty 7 1 for a violation of the drug testing section and also 7 2 eliminates the current Code provision that a violation of the 7 3 drug testing section constitutes a simple misdemeanor. 7 4 The bill also provides for annual reporting by employers to 7 5 the labor division of the department of workforce development 7 6 concerning drug tests conducted by the employer. 7 7 LSB 2318YH 77 7 8 ec/jj/8
Text: HF00628 Text: HF00630 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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