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House Journal: Page 486: Wednesday, March 4, 1998

16   program.  An employer shall post notice of the
17   employee assistance program in conspicuous places and
18   explore alternative routine and reinforcing means of
19   publicizing such services.  In addition, the employer
20   must provide the employee with notice of the policies
21   and procedures regarding access to and utilization of
22   the program.
23     (2)  If an employer does not have an employee
24   assistance program, the employer must maintain a
25   resource file of employee assistance services
26   providers, alcohol and other drug abuse programs
27   certified by the Iowa department of public health,
28   mental health providers, and other persons, entities,
29   or organizations available to assist employees with
30   personal or behavioral problems.  The employer shall
31   provide all employees information about the existence
32   of the resource file and a summary of the information
33   contained within the resource file.  The summary
34   should contain, but need not be limited to, all
35   information necessary to access the services listed in
36   the resource file.  In addition, the employer shall
37   post in conspicuous places a listing of multiple
38   employee assistance providers in the area.
39     d.  An employee or prospective employee whose drug
40   or alcohol test results are confirmed as positive in
41   accordance with this section shall not, by virtue of
42   those results alone, be considered as a person with a
43   disability for purposes of any state or local law or
44   regulation.
45     e.  If the written policy provides for alcohol
46   testing, the employer shall establish in the written
47   policy a standard for alcohol concentration which
48   shall be deemed to violate the policy.  The standard
49   for alcohol concentration shall not be less than .04,
50   expressed in terms of grams of alcohol per two hundred

Page 10

 1   ten liters of breath, or its equivalent.
 2     f.  An employee of an employer who is designated by
 3   the employer as being in a safety-sensitive position
 4   shall be placed in only one pool of safety-sensitive
 5   employees subject to drug or alcohol testing pursuant
 6   to subsection 8, paragraph "a", subparagraph (3).  An
 7   employer may have more than one pool of safety-
 8   sensitive employees subject to drug or alcohol testing
 9   pursuant to subsection 8, paragraph "a", subparagraph
10   (3), but shall not include an employee in more than
11   one safety-sensitive pool.
12     g.  Upon receipt of a confirmed positive alcohol
13   test which indicates an alcohol concentration greater
14   than the concentration level established by the
15   employer pursuant to this section but less than the

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URL: /DOCS/GA/77GA/Session.2/HJournal/00400/00486.html
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