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Text: SF00457                           Text: SF00459
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Senate File 458

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 730.5, Code 1997, is amended by
  1  2 striking the section and inserting in lieu thereof the
  1  3 following:
  1  4    730.5  PRIVATE SECTOR DRUG-FREE WORKPLACES.
  1  5    1.  DEFINITIONS.  As used in this section, unless the
  1  6 context otherwise requires:
  1  7    a.  "Alcohol" means ethanol, isopropanol, or methanol.
  1  8    b.  "Drug" means a substance considered unlawful under the
  1  9 federal Controlled Substances Act, 21 U.S.C. } 801 et seq.
  1 10    c.  "Employee" means a person in the service of an employer
  1 11 and includes the employer, and any chief executive officer,
  1 12 president, vice president, supervisor, manager, and officer of
  1 13 the employer.
  1 14    d.  "Employer" means a person, firm, company, corporation,
  1 15 labor organization, or employment agency, which has one or
  1 16 more full-time employees employed in the same business, or in
  1 17 or about the same establishment, under any contract of hire,
  1 18 express or implied, oral or written, in this state.
  1 19 "Employer" does not include the state, a political subdivision
  1 20 of the state, including a city, county, or school district,
  1 21 the United States, the United States postal service, or a
  1 22 Native-American tribe.
  1 23    e.  "Good faith" means reasonable reliance on facts, or
  1 24 that which is held out to be factual, without the intent to be
  1 25 deceived, and without reckless, malicious, or negligent
  1 26 disregard for the truth.
  1 27    f.  "Medical review officer" means a physician licensed to
  1 28 practice medicine and surgery or osteopathic medicine and
  1 29 surgery in any state of the United States, responsible for
  1 30 receiving laboratory results generated by an employer's drug
  1 31 testing program, who has knowledge of substance abuse
  1 32 disorders and has appropriate medical training to interpret
  1 33 and evaluate an individual's confirmed positive test result
  1 34 together with the individual's medical history and any other
  1 35 relevant biomedical information.
  2  1    g.  "Probable cause drug or alcohol testing" means testing
  2  2 for the purposes of detecting drugs or alcohol which is
  2  3 conducted on an individual based on a criterion or criteria
  2  4 that would suggest to a reasonable person that there are
  2  5 reasonable grounds for belief the individual may have engaged
  2  6 in illicit drug use or alcohol abuse, or has a substance abuse
  2  7 problem.
  2  8    h.  "Prospective employee" means a person who has made
  2  9 application, whether written or oral, to an employer to become
  2 10 an employee and who has received a bona fide offer of
  2 11 employment from the employer.
  2 12    i.  "Safety-sensitive position" means a job wherein an
  2 13 accident could cause loss of human life, serious bodily
  2 14 injury, or significant property or environmental damage,
  2 15 including a job with duties that include immediate supervision
  2 16 of a person in a job that meets the requirement of this
  2 17 paragraph.
  2 18    j.  "Sample" means such sample from the human body capable
  2 19 of revealing the presence of alcohol or other drugs, or their
  2 20 metabolites.
  2 21    k.  "Unannounced drug or alcohol testing" means testing for
  2 22 the purposes of detecting drugs or alcohol which is conducted
  2 23 on a periodic basis, without advance notice of the test, and
  2 24 without individualized suspicion, and with a neutral and
  2 25 objective selection process operated by an entity independent
  2 26 from the employer, in which each member of the employee
  2 27 population subject to testing has an equal chance of selection
  2 28 for initial testing.  The independent entity shall be agreed
  2 29 upon by representatives of the employees and the employer.
  2 30    2.  TESTING OPTIONAL.  This section does not require an
  2 31 employer to conduct drug or alcohol testing and the
  2 32 requirements of this section shall not be construed to
  2 33 encourage, discourage, restrict, limit, prohibit, or require
  2 34 such testing.
  2 35    3.  TESTING AS CONDITION OF EMPLOYMENT – REQUIREMENTS.  To
  3  1 the extent provided in subsection 7, an employer may test
  3  2 employees and prospective employees for the presence of drugs
  3  3 or alcohol as a condition of continued employment or hiring.
  3  4 An employer shall adhere to the requirements of this section
  3  5 concerning the conduct of such testing and the use and
  3  6 disposition of the results of such testing.
  3  7    4.  COLLECTION OF SAMPLES.  In conducting drug or alcohol
  3  8 testing, an employer may require the collection of samples
  3  9 from its employees and prospective employees, and may require
  3 10 presentation of reliable individual identification from the
  3 11 person being tested to the person collecting the samples.
  3 12 Collection of a sample shall be in conformance with the
  3 13 requirements of this section.  The employer may designate the
  3 14 type of sample to be used for this testing.
  3 15    5.  SCHEDULING OF TESTS.
  3 16    a.  Drug or alcohol testing of employees conducted by an
  3 17 employer shall normally occur during, or immediately before or
  3 18 after, a regular work period.  The time required for such
  3 19 testing by an employer shall be deemed work time for the
  3 20 purposes of compensation and benefits for employees.
  3 21    b.  An employer shall pay all actual costs for drug or
  3 22 alcohol testing of employees and prospective employees
  3 23 required by the employer.
  3 24    c.  An employer shall provide transportation or pay
  3 25 reasonable transportation costs to employees if drug or
  3 26 alcohol sample collection is conducted at a location other
  3 27 than the employee's normal work site.
  3 28    6.  TESTING PROCEDURES.  All sample collection and testing
  3 29 for drugs or alcohol under this section shall be performed in
  3 30 accordance with the following conditions:
  3 31    a.  The collection of samples shall be performed under
  3 32 sanitary conditions and with regard for the privacy of the
  3 33 individual from whom the specimen is being obtained and in a
  3 34 manner reasonably calculated to preclude contamination or
  3 35 substitution of the specimen.
  4  1    b.  Sample collections shall be obtained so that a portion
  4  2 of the sample shall be retained and stored by the laboratory
  4  3 conducting the confirmatory test, sufficient in quantity to
  4  4 conduct a second confirmatory drug or alcohol test.  The
  4  5 sample retained and stored by the laboratory conducting the
  4  6 first confirmatory test pursuant to this paragraph shall be
  4  7 destroyed upon receipt of a confirmed negative drug or alcohol
  4  8 test result.
  4  9    c.  Sample collections shall be documented, and the
  4 10 procedure for documentation shall include the following:
  4 11    (1)  Samples shall be labeled so as to reasonably preclude
  4 12 the possibility of misidentification of the person tested in
  4 13 relation to the test result provided, and samples shall be
  4 14 handled and tracked in a manner such that control and
  4 15 accountability are maintained from initial collection to each
  4 16 stage in handling, testing, and storage, through final
  4 17 disposition.
  4 18    (2)  An employee or prospective employee shall be provided
  4 19 an opportunity to provide any information which may be
  4 20 considered relevant to the test, including identification of
  4 21 prescription or nonprescription drugs currently or recently
  4 22 used, or other relevant medical information.  Information
  4 23 provided by the employee or prospective employee shall not be
  4 24 disclosed to the employer but shall be delivered to the
  4 25 facility conducting confirmatory testing.  To assist an
  4 26 employee or prospective employee in providing the information
  4 27 described in this subparagraph, the employer shall provide an
  4 28 employee or prospective employee with a list of the drugs to
  4 29 be tested.
  4 30    d.  Sample collection, storage, and transportation to the
  4 31 place of testing shall be performed so as to reasonably
  4 32 preclude the possibility of sample contamination,
  4 33 adulteration, or misidentification.
  4 34    e.  All drug testing shall be conducted at a laboratory
  4 35 certified by the United States department of health and human
  5  1 services' substance abuse and mental health services
  5  2 administration, approved by the United States department of
  5  3 health and human services under the federal Clinical
  5  4 Laboratory Improvement Act, or approved under rules adopted by
  5  5 the Iowa department of public health.
  5  6    f.  Drug or alcohol testing shall include confirmation of
  5  7 any initial positive test results and, if the initial positive
  5  8 test result is confirmed, a second confirmatory test.
  5  9    Confirmatory testing shall be conducted at approved
  5 10 facilities mutually agreed upon as acceptable by both employee
  5 11 and employer representatives.  The agreed-upon facilities
  5 12 shall be designated in the employer's written policy.  The
  5 13 first confirmatory test shall be conducted at an approved
  5 14 facility that is selected by the employer and approved by
  5 15 employee representatives.  A second confirmatory test, if
  5 16 necessary, shall be conducted at an approved facility other
  5 17 than the facility for the first confirmation test, which
  5 18 facility may be selected by the employee or prospective
  5 19 employee from the list of approved, agreed-upon facilities.
  5 20    g.  For drug testing, confirmation testing shall be by use
  5 21 of a different chemical process than was used in the initial
  5 22 drug screen.  The confirmatory drug test shall be a
  5 23 chromatographic technique such as gas chromatography or mass
  5 24 spectrometry, or another comparably reliable analytical
  5 25 method.
  5 26    h.  A medical review officer shall, prior to the results
  5 27 being reported to an employer, review and interpret any
  5 28 confirmed positive test results, including both quantitative
  5 29 and qualitative test results, to ensure that the chain of
  5 30 custody is complete and sufficient on its face and that any
  5 31 information provided by the individual pursuant to paragraph
  5 32 "c", subparagraph (2), is considered.
  5 33    i.  In conducting drug or alcohol testing pursuant to this
  5 34 section, the employer shall ensure to the extent feasible that
  5 35 the testing only measure, and the records concerning the
  6  1 testing only show or make use of information regarding,
  6  2 alcohol or drugs in the body.
  6  3    j.  (1)  A report of the results of a drug or alcohol test
  6  4 issued to an employer shall only indicate, as to an employee
  6  5 or prospective employee, whether the test results were
  6  6 positive or negative, pursuant to the review and
  6  7 interpretation of a medical review officer as provided in this
  6  8 subsection.  An inconclusive test result shall be reported as
  6  9 a negative test result.  If the test results are positive, the
  6 10 report issued to the employer shall only indicate whether
  6 11 drugs or alcohol were present, which drugs were present if
  6 12 applicable, information concerning the amount of the drug or
  6 13 alcohol present, and a statement from the medical review
  6 14 officer that any information provided by the employee or
  6 15 prospective employee fails to explain the results.
  6 16    (2)  If an initial positive test result is confirmed, a
  6 17 report shall be prepared consistent with the requirements of
  6 18 this paragraph but shall not be reported to the employer.
  6 19 Instead, a copy of the report shall be delivered to the
  6 20 facility conducting the second confirmatory test.  Upon
  6 21 completion of the second confirmatory test, a medical review
  6 22 officer shall compare the results of the two confirmatory
  6 23 tests.  If the confirmatory tests agree that the test result
  6 24 as to alcohol or a particular drug is positive, the test
  6 25 result as to alcohol or that particular drug shall be
  6 26 confirmed as positive and a report consistent with the
  6 27 requirements of this paragraph shall be reported to the
  6 28 employer.  If the confirmatory tests do not agree that the
  6 29 test result as to alcohol or a particular drug is positive,
  6 30 the test result as to alcohol or that particular drug shall be
  6 31 considered negative and a report consistent with the
  6 32 requirements of this paragraph shall be reported to the
  6 33 employer.
  6 34    7.  DRUG OR ALCOHOL TESTING.  Employers may conduct drug or
  6 35 alcohol testing as provided in this subsection:
  7  1    a.  Employers may conduct unannounced drug or alcohol
  7  2 testing of the employee population at large.
  7  3    b.  Employers may conduct unannounced drug or alcohol
  7  4 testing of employees in a safety-sensitive position.
  7  5    c.  Employers may conduct drug or alcohol testing of
  7  6 employees during, and after completion of, drug or alcohol
  7  7 rehabilitation.
  7  8    d.  Employers may conduct probable cause drug or alcohol
  7  9 testing if there is probable cause to believe, based on the
  7 10 employee's performance, behavior, attendance, or other
  7 11 observable criterion or criteria, that the employee has
  7 12 engaged in illicit drug use, or may be under the influence of
  7 13 alcohol, or may be otherwise impaired by drugs or alcohol, or
  7 14 if an employer believes, in good faith, that the employee may
  7 15 have violated the employer's written substance abuse
  7 16 prevention policy.
  7 17    e.  Employers may conduct drug or alcohol testing of
  7 18 prospective employees.
  7 19    f.  Employers may conduct drug or alcohol testing as
  7 20 required by federal law or regulation.
  7 21    g.  Employers may conduct drug or alcohol testing in
  7 22 investigating accidents in the workplace.
  7 23    8.  WRITTEN POLICY AND OTHER TESTING REQUIREMENTS.
  7 24    a.  Drug or alcohol testing or retesting by an employer
  7 25 shall be carried out within the terms of a written policy
  7 26 which has been provided to every employee subject to testing,
  7 27 and is available for review by employees and prospective
  7 28 employees.
  7 29    b.  Employers shall establish an awareness program to
  7 30 inform employees of the dangers of drug and alcohol use in the
  7 31 workplace and comply with the following requirements in order
  7 32 to conduct drug or alcohol testing under this section:
  7 33    (1)  If an employer has an employee assistance program, the
  7 34 employer must inform the employee of the benefits and services
  7 35 of the employee assistance program.  An employer shall post
  8  1 notice of the employee assistance program in conspicuous
  8  2 places and explore alternative routine and reinforcing means
  8  3 of publicizing such services.  In addition, the employer must
  8  4 provide the employee with notice of the policies and
  8  5 procedures regarding access to and utilization of the program.
  8  6    (2)  If an employer does not have an employee assistance
  8  7 program, the employer must maintain a resource file of
  8  8 employee assistance services providers, alcohol and other drug
  8  9 abuse programs certified by the Iowa department of public
  8 10 health, mental health providers, and other persons, entities,
  8 11 or organizations available to assist employees with personal
  8 12 or behavioral problems.  The employer shall provide all
  8 13 employees information about the existence of the resource file
  8 14 and a summary of the information contained within the resource
  8 15 file.  The summary should contain, but need not be limited to,
  8 16 all information necessary to access the services listed in the
  8 17 resource file.  In addition, the employer shall post in
  8 18 conspicuous places a listing of multiple employee assistance
  8 19 providers in the area.
  8 20    c.  Within the terms of the written policy, an employer may
  8 21 require the collection and testing of samples for, among other
  8 22 legitimate drug or alcohol abuse prevention and treatment
  8 23 purposes, any of the following:
  8 24    (1)  Deterrence and detection of illicit drug use,
  8 25 possession, sale, conveyance, distribution, or manufacture of
  8 26 drugs, intoxicants, or controlled substances in any amount or
  8 27 in any manner, whether or not the employee is at work, or
  8 28 deterrence and detection of abuse of alcohol or prescription
  8 29 drugs.
  8 30    (2)  Investigation of individual employee impairment.
  8 31    (3)  Investigation of accidents in the workplace.
  8 32    (4)  Maintenance of safety for employees, customers,
  8 33 clients, or the general public.
  8 34    (5)  Maintenance of productivity, quality of products or
  8 35 services, or security of property or information.
  9  1    d.  An employee or prospective employee whose drug or
  9  2 alcohol test results are confirmed as positive in accordance
  9  3 with this section shall not, by virtue of those results alone,
  9  4 be considered as a person with a disability for purposes of
  9  5 any state or local law or regulation.
  9  6    e.  If the written policy provides for alcohol testing, the
  9  7 employer shall establish in the written policy a standard for
  9  8 alcohol concentration which shall be deemed to violate the
  9  9 policy.  The standard for alcohol concentration shall not be
  9 10 less than .10, expressed in terms of grams of alcohol per two
  9 11 hundred ten liters of breath, or its equivalent.
  9 12    9.  DISCIPLINARY PROCEDURES.
  9 13    a.  Upon receipt for an employee of the first confirmed
  9 14 positive drug or alcohol test result, the employer shall
  9 15 provide the employee with a substance abuse evaluation, and
  9 16 treatment if recommended by the evaluation, with costs
  9 17 apportioned as provided under the employee benefit plan or at
  9 18 employer expense, if an employee benefit plan is not in effect
  9 19 which apportions costs.  The employer shall take no
  9 20 disciplinary action against the employee upon receipt of the
  9 21 first confirmed positive drug or alcohol test result if the
  9 22 employee undergoes a substance abuse evaluation, and if the
  9 23 employee successfully completes substance abuse treatment if
  9 24 treatment is recommended by the evaluation.  However, if an
  9 25 employee fails to undergo substance abuse evaluation when
  9 26 required as a result of a drug or alcohol test, or fails to
  9 27 successfully complete substance abuse treatment when
  9 28 recommended by an evaluation, the employee may be disciplined
  9 29 as provided in paragraph "b".  The substance abuse evaluation
  9 30 and treatment provided by the employer shall take place under
  9 31 a program approved by the department of public health or
  9 32 accredited by the joint commission on the accreditation of
  9 33 health care organizations.
  9 34    b.  Upon receipt for an employee of a second confirmed
  9 35 positive drug or alcohol test result or upon receipt for a
 10  1 prospective employee of a confirmed positive drug or alcohol
 10  2 test result, upon the failure of an employee to comply with
 10  3 the requirements of paragraph "a", or upon the refusal of an
 10  4 employee or prospective employee to provide a testing sample,
 10  5 an employer may use that test result, failure to comply, or
 10  6 test refusal as a valid basis for disciplinary or
 10  7 rehabilitative actions consistent with the employer's written
 10  8 policy, which may include, among other actions, the following:
 10  9    (1)  A requirement that the employee enroll in an employer-
 10 10 provided or approved rehabilitation, treatment, or counseling
 10 11 program, which may include additional drug or alcohol testing,
 10 12 participation in and successful completion of which may be a
 10 13 condition of continued employment, and the costs of which may
 10 14 or may not be covered by the employer's health plan or
 10 15 policies.
 10 16    (2)  Suspension of the employee, with or without pay, for a
 10 17 designated period of time.
 10 18    (3)  Termination of employment.
 10 19    (4)  Refusal to hire a prospective employee.
 10 20    (5)  Other adverse employment action in conformance with
 10 21 the employer's written policy and procedures, including any
 10 22 relevant collective bargaining agreement provisions.
 10 23    10.  EMPLOYER IMMUNITY.  A cause of action shall not arise
 10 24 against an employer who has established a policy and initiated
 10 25 a testing program in accordance with the testing and policy
 10 26 safeguards provided for under this section, for any of the
 10 27 following:
 10 28    a.  Testing or taking action based on the results of a
 10 29 positive drug or alcohol test result, indicating the presence
 10 30 of drugs or alcohol, in good faith, or the refusal of an
 10 31 employee or prospective employee to submit to a drug or
 10 32 alcohol test.
 10 33    b.  Failure to test for drugs or alcohol, or failure to
 10 34 test for a specific drug or controlled substance.
 10 35    c.  Failure to test for, or if tested for, failure to
 11  1 detect, any specific drug or other controlled substance.
 11  2    d.  Termination or suspension of any substance abuse
 11  3 prevention or testing program or policy.
 11  4    e.  Any action taken related to a false negative drug or
 11  5 alcohol test result.
 11  6    11.  CONFIDENTIALITY OF RESULTS – EXCEPTION.
 11  7    a.  Except as provided in paragraph "b", all communications
 11  8 received by an employer relevant to employee or prospective
 11  9 employee drug or alcohol test results, or otherwise received
 11 10 through the employer's drug or alcohol testing program, are
 11 11 confidential communications and shall not be used or received
 11 12 in evidence, obtained in discovery, or disclosed in any public
 11 13 or private proceeding, except in a proceeding related to an
 11 14 action taken by an employer under this section or by an
 11 15 employee under this section.
 11 16    b.  An employee who is the subject of a drug or alcohol
 11 17 test conducted under this section pursuant to an employer's
 11 18 written policy and for whom a confirmed positive test result
 11 19 is reported shall, upon written request, have access to any
 11 20 records relating to the employee's drug or alcohol test,
 11 21 including records of the laboratories where testing was
 11 22 conducted and any records relating to the results of any
 11 23 relevant certification or review by a medical review officer.
 11 24    12.  CIVIL REMEDIES.  This section may be enforced through
 11 25 a civil action.
 11 26    a.  A person who violates this section or who aids in the
 11 27 violation of this section, is liable to an aggrieved employee
 11 28 or prospective employee for affirmative relief including
 11 29 reinstatement or hiring, with or without back pay, or any
 11 30 other equitable relief as the court deems appropriate
 11 31 including attorney fees, court costs, and punitive damages.
 11 32    b.  When a person commits, is committing, or proposes to
 11 33 commit, an act in violation of this section, an injunction may
 11 34 be granted through an action in district court to prohibit the
 11 35 person from continuing such acts.  The action for injunctive
 12  1 relief may be brought by an aggrieved employee or prospective
 12  2 employee, the county attorney, or the attorney general.
 12  3    In an action brought under this subsection alleging that an
 12  4 employer has required or requested a drug or alcohol test in
 12  5 violation of this section, the employer has the burden of
 12  6 proving that the requirements of this section were met.
 12  7    13.  OFFENSES.  Samples collected, information provided by
 12  8 an employee or prospective employee pursuant to subsection 6,
 12  9 paragraph "c", subparagraph (2), and the results of drug or
 12 10 alcohol testing shall be used solely for the purpose of
 12 11 conducting drug or alcohol testing pursuant to this section
 12 12 and shall not be sold, transferred, or disseminated, to any
 12 13 person for any purpose not expressly authorized by this
 12 14 section.  A person who violates this subsection commits a
 12 15 simple misdemeanor and, notwithstanding section 903.1, if a
 12 16 monetary fine is imposed, the fine shall be one hundred
 12 17 dollars.  Each violation of this subsection constitutes a
 12 18 separate offense.
 12 19    Sec. 2.  EFFECTIVE DATE.  This Act takes effect on the
 12 20 thirtieth day following enactment.  
 12 21                           EXPLANATION
 12 22    This bill makes changes to Iowa's law governing drug and
 12 23 alcohol testing of employees and prospective employees by
 12 24 repealing current law and replacing it with a new Code
 12 25 section.
 12 26    The bill provides that the drug and alcohol testing
 12 27 requirements established by the bill apply only to private
 12 28 sector employers and excludes the state and its political
 12 29 subdivisions, as well as Native-American tribes and the
 12 30 federal government, from the definition of employer.
 12 31    The bill governs the procedures for conducting a drug or
 12 32 alcohol test and provides for the collection of samples, the
 12 33 scheduling of tests, and the conduct of the drug or alcohol
 12 34 test.  The bill provides that the results of drug testing
 12 35 shall be confirmed by a laboratory certified by the United
 13  1 States department of health and human services under federal
 13  2 law, by the department's substance abuse and mental health
 13  3 services administration, or by the Iowa department of public
 13  4 health.  The bill also provides that any positive drug or
 13  5 alcohol test shall be confirmed by a second and third test.
 13  6 The bill also requires an employer to establish a written
 13  7 policy, available to employees and prospective employees,
 13  8 governing drug or alcohol testing.  The written policy shall
 13  9 provide, if applicable, a minimum level for a positive alcohol
 13 10 test result and information about the employer's employee
 13 11 assistance program, if applicable, or community services
 13 12 concerning alcohol and drug abuse.
 13 13    The bill allows unannounced drug or alcohol testing, with
 13 14 the drugs to be tested communicated to employees and
 13 15 prospective employees before the testing, and testing for
 13 16 prospective employees, employees in safety-sensitive
 13 17 positions, and employees both during and after drug or alcohol
 13 18 rehabilitation.  The bill also permits drug or alcohol testing
 13 19 if there exists probable cause to believe that the employee
 13 20 has engaged in illicit drug use or alcohol abuse, has a
 13 21 substance abuse problem, or has violated the employer's
 13 22 written substance abuse prevention policy.  The bill allows
 13 23 testing as provided by federal law and in response to work
 13 24 accidents.
 13 25    The bill allows testing of samples collected for the
 13 26 purpose of deterrence and detection of possible illicit drug
 13 27 use or abuse of alcohol or prescription drugs, the
 13 28 investigation of possible individual employee impairment, the
 13 29 investigation of workplace accidents, the maintenance of
 13 30 employee and public safety, and the maintenance of
 13 31 productivity or security of property or information of the
 13 32 employer.
 13 33    The bill provides that an employer shall provide an
 13 34 employee rehabilitation and treatment upon receipt of the
 13 35 first positive drug or alcohol test of the employee.  The bill
 14  1 provides that an employer, as a result of a second positive
 14  2 drug or alcohol test, or a first positive drug or alcohol test
 14  3 of a prospective employee, can take several employment actions
 14  4 consistent with the employer's written policy.  The employer
 14  5 can require the employee to enroll in rehabilitation or
 14  6 counseling, suspend the employee with or without pay,
 14  7 terminate the employment, or take any other adverse employment
 14  8 action based on the employer's written policy, including any
 14  9 collective bargaining agreement.  The employer may also refuse
 14 10 to hire a prospective employee.
 14 11    The bill also makes provisions governing the liability of
 14 12 an employer.  The bill provides that an employer shall not be
 14 13 liable for actions taken in good faith based on a positive
 14 14 drug or alcohol test, for failing to test for drugs and
 14 15 alcohol or for failing to detect any specific drug or other
 14 16 controlled substance or medical condition, for terminating or
 14 17 suspending a drug and alcohol testing program or policy, or
 14 18 for failing to take action relating to a false negative test
 14 19 result.  The bill provides, however, that if a person violates
 14 20 a provision of this new Code section, that person is liable to
 14 21 an aggrieved employee or prospective employee through a civil
 14 22 action for damages, including punitive damages, or injunctive
 14 23 relief, as applicable.
 14 24    The bill also provides for the confidentiality of test
 14 25 results.  However, the bill allows a tested employee to get
 14 26 copies of any records of the employee's drug or alcohol test
 14 27 if the test result was positive.
 14 28    The bill also provides that samples collected, information
 14 29 provided by an employee or prospective employee concerning a
 14 30 drug or alcohol test, and test results shall be used only for
 14 31 the purpose of conducting drug or alcohol testing and not for
 14 32 any other purpose.  A person who violates this provision
 14 33 commits a simple misdemeanor and shall be fined $100.
 14 34    The bill takes effect 30 days after enactment.  
 14 35 LSB 2710SV 77
 15  1 ec/jj/8.2
     

Text: SF00457                           Text: SF00459
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