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House Journal: Page 519: Wednesday, March 4, 1998

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   be based upon standards adopted by the Iowa department
16   of public health and shall include, but is not limited
17   to, information concerning the recognition of evidence
18   of employee alcohol and other drug abuse, the
19   documentation and corroboration of employee alcohol
20   and other drug abuse, and the referral of employees
21   who abuse alcohol or other drugs to the employee
22   assistance program or to the resource file of employee
23   assistance services providers.  For purposes of this
24   paragraph, "supervisory personnel" means persons
25   having authority, in the interest of the employer, to
26   hire, transfer, suspend, lay off, recall, promote,
27   discharge, assign, reward, or discipline other
28   employees, or responsibly to direct them, or to adjust
29   their grievances, or effectively to recommend such
30   action, if in connection with the foregoing the
31   exercise of such authority is not of a merely routine
32   or clerical nature, but requires the use of
33   independent judgment.
34     g.  If an employee is under eighteen years of age,
35   in order to conduct drug or alcohol testing under this
36   section, the employer shall, prior to conducting a
37   test, notify the employee's parent or grandparent that
38   a test shall be conducted and the basis for the test.
39   For purposes of this paragraph, "parent" means one
40   parent or a legal guardian or custodian of the
41   employee.
42     9.  DISCIPLINARY PROCEDURES.
43     a.  Upon receipt for an employee of the first
44   confirmed positive drug or alcohol test result, the
45   employer shall provide the employee with a substance
46   abuse evaluation, and treatment if recommended by the
47   evaluation, with costs apportioned as provided under
48   the employee benefit plan or at employer expense, if
49   an employee benefit plan is not in effect which
50   apportions costs.  The employer shall take no

Page 9

 1   disciplinary action against the employee upon receipt
 2   of the first confirmed positive drug or alcohol test
 3   result if the employee undergoes a substance abuse
 4   evaluation, and if the employee successfully completes
 5   substance abuse treatment if treatment is recommended
 6   by the evaluation.  However, if an employee fails to
 7   undergo substance abuse evaluation when required as a
 8   result of a drug or alcohol test, or fails to
 9   successfully complete substance abuse treatment when
10   recommended by an evaluation, the employee may be
11   disciplined as provided in paragraph "b".  The

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URL: /DOCS/GA/77GA/Session.2/HJournal/00500/00519.html
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