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House Journal: Page 434: Thursday, February 27, 1997

16   use of drugs under this paragraph if more than
17   eighteen months have elapsed since the employee
18   successfully completed drug treatment and the employee
19   has not had a drug test conducted indicating the
20   presence of alcohol or an illegal controlled substance
21   during that eighteen-month period.
22     e.  If a preemployment drug test is conducted on an
23   applicant who does not reside in this state, the
24   sample taken for analysis shall be maintained under
25   the supervision of a comparable licensed person in the
26   state in which the test is conducted and the drug test
27   shall be performed by a laboratory certified by United
28   States department of health and human services.
29     Drug testing conducted under this subsection shall
30   conform to the requirements of subsection 3,
31   paragraphs "c", "d", "e", and "f"; however, paragraph
32   "f" shall not apply to preemployment drug tests
33   conducted as a part of a preemployment physical.
34     Sec. 6.  Section 730.5, subsection 9, paragraph a,
35   Code 1997, is amended to read as follows:
36     a.  A person who violates this section or who aids
37   in the violation of this section is liable to an
38   aggrieved employee or applicant for employment for
39   affirmative relief including reinstatement or hiring,
40   with or without back pay, liquidated damages in the
41   amount of one hundred dollars for each violation, or
42   any other equitable relief as the court deems
43   appropriate including attorney fees and court costs.
44     Sec. 7.  Section 730.5, subsection 11, Code 1997,
45   is amended by striking the subsection.
46     Sec. 8.  Section 730.5, Code 1997, is amended by
47   adding the following new subsections:
48     NEW SUBSECTION.  12.  An employer who conducts a
49   drug test pursuant to this section shall, for each
50   fiscal year beginning on or after July 1, 1997, file

Page   5

 1   an annual report with the division of labor services
 2   of the department of employment services, on forms
 3   provided by the division, documenting separately the
 4   following information for all preemployment drug
 5   tests, regularly scheduled drug tests, and drug tests
 6   conducted pursuant to a finding of probable cause:
 7     a.  The number of drug tests conducted in each
 8   category.
 9     b.  The results of drug tests conducted in each
10   category.
11     c.  The number of personal injuries, and the dollar
12   loss for property damage, arising out of the use of
13   alcohol and illegal controlled substances by
14   employees.
15     d.  The cumulative direct costs of drug tests in

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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