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House Journal: Page 520: Wednesday, March 4, 1998

12   substance abuse evaluation and treatment provided by
13   the employer shall take place under a program approved
14   by the Iowa department of public health or accredited
15   by the joint commission on the accreditation of health
16   care organizations.
17     b.  Upon receipt for an employee of a second
18   confirmed positive drug or alcohol test result or upon
19   receipt for a prospective employee of a confirmed
20   positive drug or alcohol test result, upon the failure
21   of an employee to comply with the requirements of
22   paragraph "a", or upon the refusal of an employee or
23   prospective employee to provide a testing sample, an
24   employer may use that test result or test refusal as a
25   valid basis for disciplinary or rehabilitative actions
26   consistent with the employer's written policy, which
27   may include, among other actions, the following:
28     (1)  A requirement that the employee enroll in an
29   employer-provided or approved rehabilitation,
30   treatment, or counseling program, which may include
31   additional drug or alcohol testing, participation in
32   and successful completion of which may be a condition
33   of continued employment, and the costs of which may or
34   may not be covered by the employer's health plan or
35   policies.
36     (2)  Suspension of the employee, with or without
37   pay, for a designated period of time.
38     (3)  Termination of employment.
39     (4)  Refusal to hire a prospective employee.
40     (5)  Other adverse employment action in conformance
41   with the employer's written policy and procedures,
42   including any relevant collective bargaining agreement
43   provisions.
44     10.  EMPLOYER IMMUNITY.  A cause of action shall
45   not arise against an employer who, in good faith, has
46   established a written policy in accordance with this
47   section and has complied with the requirements of the
48   written policy and this section for testing or taking
49   action based on the results of a confirmed positive
50   drug or alcohol test result, indicating the presence

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 1   of drugs or alcohol, or the refusal of an employee or
 2   prospective employee to submit to a drug or alcohol
 3   test.
 4     11.  RELEASE OF INFORMATION - CONFIDENTIALITY -
 5   EXCEPTIONS.
 6     a.  Except as provided in paragraph "b", all
 7   communications received by an employer relevant to
 8   employee or prospective employee drug or alcohol test
 9   results, or otherwise received through the employer's
10   drug or alcohol testing program, are confidential
11   communications and shall not be used or received in

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URL: /DOCS/GA/77GA/Session.2/HJournal/00500/00520.html
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