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House Journal: Page 512: Wednesday, March 4, 1998

12     a.  "Alcohol" means ethanol, isopropanol, or
13   methanol.
14     b.  "Drug" means a substance considered unlawful
15   under the federal Controlled Substances Act, 21 U.S.C.
16   "/g" 801 et seq.
17     c.  "Employee" means a person in the service of an
18   employer.
19     d.  "Employer" means a person which has one or more
20   employees employed in the same business, or in or
21   about the same establishment, in this state.
22     e.  "Good faith" means reasonable reliance on
23   facts.
24     f.  "Medical review officer" means a physician
25   licensed to practice medicine and surgery or
26   osteopathic medicine and surgery in any state of the
27   United States, responsible for receiving laboratory
28   results generated by an employer's drug testing
29   program, who is independent from the employer and is
30   agreed upon by representatives of the employer and the
31   employees, and who has knowledge of substance abuse
32   disorders and has appropriate medical training to
33   interpret and evaluate an individual's confirmed
34   positive test result together with the individual's
35   medical history and any other relevant biomedical
36   information.
37     g.  "Prospective employee" means a person who has
38   made application, whether written or oral, to an
39   employer to become an employee and who has received a
40   bona fide offer of employment from the employer.
41     h.  "Reasonable suspicion drug or alcohol testing"
42   means drug or alcohol testing based upon evidence
43   which would cause a reasonable person to conclude that
44   an employee is using or has used alcohol or other
45   drugs and which use impairs the employee's performance
46   while on the job in violation of the employer's
47   written policy.  For purposes of this paragraph,
48   evidence may include, but is not limited to, any of
49   the following:
50     (1)  Observable phenomena while at work such as

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 1   direct observation of alcohol or other drug use or
 2   abuse or of the physical symptoms or manifestations of
 3   being impaired due to alcohol or other drug use.
 4     (2)  Abnormal conduct or erratic behavior while at
 5   work or a significant deterioration in work
 6   performance.
 7     (3)  A report of alcohol or other drug use while at
 8   work provided by a reliable and credible source.
 9     (4)  Evidence that an individual has tampered with
10   the individual's own drug or alcohol test during the
11   individual's employment with the current employer.

© 1998 Cornell College and League of Women Voters of Iowa

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URL: /DOCS/GA/77GA/Session.2/HJournal/00500/00512.html
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