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House Journal: Page 488: Wednesday, March 4, 1998

16   the recognition of evidence of employee alcohol and
17   other drug abuse, the documentation and corroboration
18   of employee alcohol and other drug abuse, and the
19   referral of employees who abuse alcohol or other drugs
20   to the employee assistance program or to the resource
21   file of employee assistance services providers.
22     10.  DISCIPLINARY PROCEDURES.
23     a.  Upon receipt of a confirmed positive drug or
24   alcohol test result which indicates a violation of the
25   employer's written policy, or upon the refusal of an
26   employee or prospective employee to provide a testing
27   sample, an employer may use that test result or test
28   refusal as a valid basis for disciplinary or
29   rehabilitative actions pursuant to the requirements of
30   the employer's written policy and the requirements of
31   this section, which may include, among other actions,
32   the following:
33     (1)  A requirement that the employee enroll in an
34   employer-provided or approved rehabilitation,
35   treatment, or counseling program, which may include
36   additional drug or alcohol testing, participation in
37   and successful completion of which may be a condition
38   of continued employment, and the costs of which may or
39   may not be covered by the employer's health plan or
40   policies.
41     (2)  Suspension of the employee, with or without
42   pay, for a designated period of time.
43     (3)  Termination of employment.
44     (4)  Refusal to hire a prospective employee.
45     (5)  Other adverse employment action in conformance
46   with the employer's written policy and procedures,
47   including any relevant collective bargaining agreement
48   provisions.
49     b.  Following a drug or alcohol test, but prior to
50   receipt of the final results of the drug or alcohol

Page 12

 1   test, an employer may suspend a current employee, with
 2   or without pay, pending the outcome of the test.  An
 3   employee who has been suspended shall be reinstated by
 4   the employer, with back pay, and interest on such
 5   amount at eighteen percent per annum compounded
 6   annually, if applicable, if the result of the test is
 7   not a confirmed positive drug or alcohol test which
 8   indicates a violation of the employer's written
 9   policy.
10     11.  EMPLOYER IMMUNITY.  A cause of action shall
11   not arise against an employer who has established a
12   policy and initiated a testing program in accordance
13   with the testing and policy safeguards provided for
14   under this section, for any of the following:
15     a.  Testing or taking action based on the results

© 1998 Cornell College and League of Women Voters of Iowa

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Last update: Thu Mar 5 13:40:05 CST 1998
URL: /DOCS/GA/77GA/Session.2/HJournal/00400/00488.html
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