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House Journal: Page 433: Thursday, February 27, 1997

16   physical or as a part of a regularly scheduled
17   physical is only permissible In addition to drug
18   testing permitted by subsection 3, drug testing of an
19   employee or applicant for employment shall also be
20   permitted under the following circumstances:
21     a.  For a drug test during a preemployment
22   physical, the employer shall include notice that a
23   drug test will be part of a preemployment physical in
24   any notice or advertisement soliciting applicants for
25   employment or in the application for employment, and
26   an applicant for employment shall be personally
27   informed of the requirement for a drug test at the
28   first interview.
29     If the test sample withdrawn from the applicant is
30   analyzed by the state hygienic laboratory or a
31   laboratory certified by, and at the request of, the
32   state hygienic laboratory, the cost of the initial
33   test of the sample shall not be paid for by the
34   employer but shall be paid for by the state.
35     b.  For a drug test during a regularly scheduled
36   physical, the employer shall give notice that a drug
37   test will be part of the physical at least thirty days
38   prior to the date the physical is scheduled.
39     c.  For a preemployment drug test not conducted as
40   part of a preemployment physical, the employer shall
41   provide that any sample taken for analysis be taken
42   under the direct supervision of a person licensed
43   under chapter 148, 148C, 150A, or 152, and that the
44   sample shall be analyzed by the state hygienic
45   laboratory or a laboratory certified by, and at the
46   request of, the state hygienic laboratory.
47     d.  An employer may require an employee, as a
48   condition of employment, to undergo testing for
49   illegal use of drugs if that employee has been
50   referred by the employer for substance abuse

Page   4

 1   evaluation pursuant to subsection 3, paragraph "f",
 2   and treatment, if recommended by the evaluation.  The
 3   employee may be required to undergo testing for
 4   illegal use of drugs without prior notice, but in no
 5   case shall more than three tests be conducted in the
 6   eighteen-month period following the employee's
 7   completion of substance abuse treatment if the
 8   treatment was recommended by the evaluation.  A drug
 9   test shall not be required of an employee by an
10   employer during drug treatment of the employee, if
11   such testing would duplicate testing of the employee
12   conducted in the course of treatment and the employee
13   has waived confidentiality as to the employer of the
14   results of such testing.  An employer shall not
15   require an employee to submit to testing for illegal

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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