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House Journal: Page 487: Wednesday, March 4, 1998

16   concentration level in section 321J.2 for operating
17   while under the influence of alcohol, and if the
18   employer has at least fifty employees, and if the
19   employee has been employed by the employer for at
20   least twelve of the preceding eighteen months, and if
21   rehabilitation is agreed upon by the employee, and if
22   the employee has not previously violated the
23   employer's substance abuse prevention policy pursuant
24   to this section, the written policy shall provide for
25   the rehabilitation of the employee pursuant to
26   subsection 10, paragraph "a", subparagraph (1), and
27   the apportionment of the costs of rehabilitation as
28   provided by this paragraph.
29     (1)  If the employer has an employee benefit plan,
30   the costs of rehabilitation shall be apportioned as
31   provided under the employee benefit plan.
32     (2)  If no employee benefit plan exists and the
33   employee has coverage for any portion of the costs of
34   rehabilitation under any health care plan of the
35   employee, the costs of rehabilitation shall be
36   apportioned as provided by the health care plan with
37   any costs not covered by the plan apportioned equally
38   between the employee and the employer.  However, the
39   employer shall not be required to pay more than two
40   thousand dollars toward the costs not covered by the
41   employee's health care plan.
42     (3)  If no employee benefit plan exists and the
43   employee does not have coverage for any portion of the
44   costs of rehabilitation under any health care plan of
45   the employee, the costs of rehabilitation shall be
46   apportioned equally between the employee and the
47   employer.  However, the employer shall not be required
48   to pay more than two thousand dollars towards the cost
49   of rehabilitation under this subparagraph.
50     Rehabilitation required pursuant to this paragraph

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 1   shall not preclude an employer from taking any adverse
 2   employment action against the employee during the
 3   rehabilitation based on the employee's failure to
 4   comply with any requirements of the rehabilitation,
 5   including any action by the employee to invalidate a
 6   test sample provided by the employee pursuant to the
 7   rehabilitation.
 8     h.  In order to conduct drug or alcohol testing
 9   under this section, an employer shall require
10   supervisory personnel of the employer involved with
11   drug or alcohol testing under this section to attend a
12   minimum of two hours of initial training and to
13   attend, on an annual basis thereafter, a minimum of
14   one hour of subsequent training.  The training shall
15   include, but is not limited to, information concerning

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URL: /DOCS/GA/77GA/Session.2/HJournal/00400/00487.html
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