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House Journal: Page 432: Thursday, February 27, 1997

16   provided the employee to be tested with written notice
17   of the employer's rules or policies regarding alcohol
18   and controlled substances and testing when a workplace
19   accident or injury occurs.
20     Sec. 4.  Section 730.5, subsection 3, paragraph c,
21   Code 1997, is amended to read as follows:
22     c.  The test sample withdrawn from the employee is
23   analyzed by a laboratory or testing facility that has
24   been approved under rules adopted by the department of
25   public health.  The laboratory or testing facility
26   shall test for and report to the employer only the
27   presence of alcohol or illegal controlled substances
28   in any test sample.  Upon request by an employee or
29   applicant for employment, the employer shall provide
30   to the employee or applicant the results of any drug
31   test.  The rules adopted by the department of public
32   health shall provide for all of the following:
33     (1)  The initial screening test may utilize
34   immunoassay, thin layer, high performance liquid or
35   gas chromatography, or an equivalent technology.  If
36   the initial test utilizes immunoassay, the test kit
37   must meet the requirements of the United States food
38   and drug administration.
39     (2)  Samples which have tested positive by initial
40   testing, with the exception of alcohol, shall be
41   confirmed by gas chromatography-mass spectrometry or
42   by a scientifically equivalent technique approved by
43   the department.
44     (3)  All initial positive drug test results with
45   the exception of alcohol shall be confirmed by gas
46   chromatography-mass spectrometry or an equivalent test
47   approved by the department before being reported as
48   positive or negative.
49     (4)  All initial positive test results for alcohol
50   shall be confirmed by gas chromatography, or a test

Page   3

 1   that is recognized by the department as an equivalent
 2   test before being reported as positive or negative.
 3     (5)  Preliminary reports for drugs other than
 4   alcohol shall not be issued in the absence of
 5   confirmation by gas chromatography-mass spectrometry
 6   or a scientifically equivalent test approved by the
 7   department.
 8     (6)  Complete chain of custody procedures shall be
 9   used for referred specimens.  When sample volumes
10   permit, it is recommended that only an aliquot of the
11   original specimen be sent to a reference laboratory.
12     Sec. 5.  Section 730.5, subsection 7, Code 1997, is
13   amended to read as follows:
14     7.  A drug test conducted as a part of a physical
15   examination performed as a part of a preemployment

Iowa General Assembly

Index: House Journal (77th General Assembly: Session 1)

© 1997 Cornell College and League of Women Voters of Iowa

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