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16 amended to read as follows: 17 2. Except as provided in subsection 7, an employer 18 shall not require or request employees or applicants 19 for employment to submit to a drug test as a condition 20 of employment, preemployment, promotion, or change in 21 status of employment. An employer shall not request, 22 require, or conduct random or blanket drug testing of 23 employees. However, this section does not apply to 24 preemployment drug tests authorized for peace officers 25 or correctional officers of the state, or to drug 26 tests required under federal statutes or under federal 27 regulationsadopted as of July 1, 1990, or to drug 28 tests conducted pursuant to a nuclear regulatory 29 commission regulation, or to drug tests conducted to 30 determine if an employee is ineligible to receive 31 workers' compensation under section 85.16, subsection 32 2. 33 The exemption granted by this subsection relating 34 to drug testing pursuant to federal regulations 35adopted as of July 1, 1990,is of no effect, as it 36 applies to a particular regulation, upon a finding by 37 a court of competent jurisdiction, including any 38 appeal of such finding, that the particular regulation 39 is unconstitutional or otherwise invalid. The 40 decision of a court invalidating any regulation 41 exempted by this section shall not be stayed pending 42 appeal. 43 Sec. 3. Section 730.5, subsection 3, paragraph a, 44 Code 1997, is amended to read as follows: 45 a. The employer has probable cause to believe that 46 an employee's faculties are impaired on the job. For 47 purposes of this paragraph, an employer has probable 48 cause to believe that an employee's faculties are 49 impaired on the job if the employer is investigating 50 an accident in the workplace and all of the following Page 2 1 conditions are met: 2 (1) The employer has reasonable grounds to believe 3 that the employee proposed to be tested either 4 directly caused or directly contributed to the 5 accident. 6 (2) The employer has reasonable grounds to believe 7 that the employee's faculties were impaired and that 8 the impairment was likely a substantial factor in 9 causing the accident. 10 (3) The accident results in a personal injury 11 which requires medical treatment away from the 12 workplace or damage to property, including equipment, 13 in an amount reasonably estimated to exceed three 14 thousand dollars at the time of the accident. 15 (4) Prior to the accident, the employer has
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