This file contains UNDERSCORE. If you cannot see the UNDERSCORE attribute or would like to change how this attribute is displayed, please use the following form to make the desired change.

House Journal: Page 490: Wednesday, March 4, 1998

16   to be valid.
17     (2)  An employer shall not be liable for monetary
18   damages if the employer's reliance on the false
19   positive test result was reasonable and in good faith.
20     13.  CONFIDENTIALITY OF RESULTS - EXCEPTION.
21     a.  All communications received by an employer
22   relevant to employee or prospective employee drug or
23   alcohol test results, or otherwise received through
24   the employer's drug or alcohol testing program, are
25   confidential communications and shall not be used or
26   received in evidence, obtained in discovery, or
27   disclosed in any public or private proceeding, except
28   as otherwise provided or authorized by this section.
29     b.  An employee, or a prospective employee, who is
30   the subject of a drug or alcohol test conducted under
31   this section pursuant to an employer's written policy
32   and for whom a confirmed positive test result is
33   reported shall, upon written request, have access to
34   any records relating to the employee's drug or alcohol
35   test, including records of the laboratory where the
36   testing was conducted and any records relating to the
37   results of any relevant certification or review by a
38   medical review officer.  However, a prospective
39   employee shall be entitled to records under this
40   paragraph only if the prospective employee requests
41   the records within fifteen calendar days from the date
42   the employer provided the prospective employee written
43   notice of the results of a drug or alcohol test as
44   provided in subsection 7, paragraph "i", subparagraph
45   (2).
46     c.  Except as provided by this section and as
47   necessary to conduct drug or alcohol testing under
48   this section and to file a report pursuant to
49   subsection 16, a laboratory and a medical review
50   officer conducting drug or alcohol testing under this

Page 14

 1   section shall not use or disclose to any person any
 2   personally identifiable information regarding such
 3   testing, including the names of individuals tested,
 4   even if unaccompanied by the results of the test.
 5     d.  An employer may use and disclose information
 6   concerning the results of a drug or alcohol test
 7   conducted pursuant to this section under any of the
 8   following circumstances:
 9     (1)  In an arbitration proceeding pursuant to a
10   collective bargaining agreement, or an administrative
11   agency proceeding or judicial proceeding under
12   workers' compensation laws or unemployment
13   compensation laws or under common or statutory laws
14   where action taken by the employer based on the test
15   is relevant or is challenged.

© 1998 Cornell College and League of Women Voters of Iowa

Comments about this site or page? hjourn@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Thu Mar 5 13:40:05 CST 1998
URL: /DOCS/GA/77GA/Session.2/HJournal/00400/00490.html
jhf