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House Journal: Page 439: Thursday, February 27, 1997

 2     1.  Page 2, line 6, by striking the words
 3   "Reasonable suspicion" and inserting the following:
 4   "Probable cause".
 5     2.  Page 2, by striking lines 8 through 11 and
 6   inserting the following:  "is conducted when the
 7   employer has probable cause to believe that an
 8   employee's faculties are impaired on the job.  For
 9   purposes of this paragraph, an employer has probable
10   cause to believe that an employee's faculties are
11   impaired on the job if the employer is investigating
12   an accident in the workplace and all of the following
13   conditions are met:
14     (1)  The employer has reasonable grounds to believe
15   that the employee proposed to be tested either
16   directly caused or directly contributed to the
17   accident.
18     (2)  The employer has reasonable grounds to believe
19   that the employee's faculties were impaired and that
20   the impairment was likely a substantial factor in
21   causing the accident.
22     (3)  The accident results in a personal injury
23   which requires medical treatment away from the
24   workplace or damage to property, including equipment,
25   in an amount reasonably estimated to exceed three
26   thousand dollars at the time of the accident.
27     (4)  Prior to the accident, the employer has
28   provided the employee to be tested with written notice
29   of the employer's rules or policies regarding alcohol
30   and drugs and testing when a workplace accident or
31   injury occurs."
32     3.  Page 5, by striking lines 15 through 23 and
33   inserting the following:
34     "d.  Employers may conduct probable cause drug or
35   alcohol testing."
36     4.  Page 6, line 26, by inserting after the word
37   "policy" the following:  "and subject to the
38   requirements of subsection 7".
Dotzler of Black Hawk offered the following amendment H-1119, to
amendment H-1103, filed by him and moved its adoption:

H-1119

 1     Amend the amendment, H-1103, to House File 299 as
 2   follows:
 3     1.  Page 1, by inserting after line 31 the
 4   following:
 5     "___.  Page 5, by striking lines 8 through 11."
 6     2.  Page 1, by inserting after line 38 the
 7   following:
 8     "___.  By renumbering and relettering as
 9   necessary."
Amendment H-1119, to amendment H-1103, was adopted.

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