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House Journal: Page 518: Wednesday, March 4, 1998

12   alcohol test shall be prohibited from taking any
13   disciplinary action against an employee or prospective
14   employee pursuant to that test.
15     c.  Employers shall establish an awareness program
16   to inform employees of the dangers of drug and alcohol
17   use in the workplace and shall comply with the
18   following requirements in order to conduct drug or
19   alcohol testing under this section:
20     (1)  If an employer has an employee assistance
21   program, the employer must inform the employee of the
22   benefits and services of the employee assistance
23   program.  An employer shall post notice of the
24   employee assistance program in conspicuous places and
25   explore alternative routine and reinforcing means of
26   publicizing such services.  In addition, the employer
27   must provide the employee with notice of the policies
28   and procedures regarding access to and utilization of
29   the program.
30     (2)  If an employer does not have an employee
31   assistance program, the employer must maintain a
32   resource file of employee assistance services
33   providers, alcohol and other drug abuse programs
34   certified by the Iowa department of public health,
35   mental health providers, and other persons, entities,
36   or organizations available to assist employees with
37   personal or behavioral problems.  The employer shall
38   provide all employees information about the existence
39   of the resource file and a summary of the information
40   contained within the resource file.  The summary
41   should contain, but need not be limited to, all
42   information necessary to access the services listed in
43   the resource file.  In addition, the employer shall
44   post in conspicuous places a listing of multiple
45   employee assistance providers in the area.
46     d.  An employee or prospective employee whose drug
47   or alcohol test results are confirmed as positive in
48   accordance with this section shall not, by virtue of
49   those results alone, be considered as a person with a
50   disability for purposes of any state or local law or

Page 8

 1   regulation.
 2     e.  If the written policy provides for alcohol
 3   testing, the employer shall establish in the written
 4   policy a standard for alcohol concentration which
 5   shall be deemed to violate the policy.  The standard
 6   for alcohol concentration shall not be less than .04,
 7   expressed in terms of grams of alcohol per two hundred
 8   ten liters of breath, or its equivalent.
 9     f.  In order to conduct drug or alcohol testing
10   under this section, an employer shall require all
11   supervisory personnel of the employer to attend a

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