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House Journal: Page 431: Thursday, February 27, 1997

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   regulations adopted 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
35   adopted 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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