Text: HF00022 Text: HF00024 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 730.5, subsection 7, paragraph b, Code 1 2 1999, is amended to read as follows: 1 3 b. Sample collection for testing of current employees, 1 4 except for the collection of a breath sample for alcohol 1 5 testing, shall be performed so that the specimen is split into 1 6 two components at the time of collection in the presence of 1 7 the individual from whom the sample or specimen is collected. 1 8 The second portion of the specimen or sample shall be of 1 9 sufficient quantity to permit a second, independent 1 10 confirmatory test as provided in paragraph "i". If the 1 11 specimen is urine, the sample shall be split such that the 1 12 primary sample contains at least thirty milliliters and the 1 13 secondary sample contains at least fifteen milliliters. Both 1 14 portions of the sample shall be forwarded to the laboratory 1 15 conducting the initial confirmatory testing. In addition to 1 16 any requirements for storage of the initial sample that may be 1 17 imposed upon the laboratory as a condition for certification 1 18 or approval, the laboratory shall store the second portion of 1 19 any sample until receipt of a confirmed negative test result 1 20 or for a period of at least forty-five calendar days following 1 21 the completion of the initial confirmatory testing, if the 1 22 first portion yielded a confirmed positive test result. 1 23 Sec. 2. Section 730.5, subsection 7, paragraph c, 1 24 subparagraph (1), Code 1999, is amended to read as follows: 1 25 (1) Samples, except for breath samples collected for 1 26 alcohol testing, shall be labeled so as to reasonably preclude 1 27 the possibility of misidentification of the person tested in 1 28 relation to the test result provided, and samples shall be 1 29 handled and tracked in a manner such that control and 1 30 accountability are maintained from initial collection to each 1 31 stage in handling, testing, and storage, through final 1 32 disposition. 1 33 Sec. 3. Section 730.5, subsection 7, paragraph f, Code 1 34 1999, is amended to read as follows: 1 35 f. Drug or alcohol testing shall include confirmation of 2 1 any initial positive test results.For drug or alcohol2 2testing, confirmation shall be by use of a different chemical2 3process than was used in the initial screen for drugs or2 4alcohol. The confirmatory drug or alcohol test shall be a2 5chromatographic technique such as gas chromatography or mass2 6spectrometry, or another comparably reliable analytical2 7method.An employer may take adverse employment action, 2 8 including refusal to hire a prospective employee, based on a 2 9 confirmed positive drug or alcohol test. 2 10 (1) For drug or alcohol testing, except for alcohol 2 11 testing where the sample tested is breath, confirmation shall 2 12 be by use of a different chemical process than was used in the 2 13 initial screen for drugs or alcohol. The confirmatory drug or 2 14 alcohol test shall be a chromatographic technique such as gas 2 15 chromatography/mass spectrometry, or another comparably 2 16 reliable analytical method. 2 17 (2) Notwithstanding any provision of this section to the 2 18 contrary, for alcohol testing where the sample tested is 2 19 breath, initial and confirmatory testing shall be conducted 2 20 pursuant to rules adopted by the commissioner of public safety 2 21 as required by this subparagraph. The commissioner of public 2 22 safety shall adopt rules for evidential breath-testing 2 23 devices, alcohol screening devices, and for personnel 2 24 administering initial and confirmatory breath alcohol testing, 2 25 which shall be consistent with rules adopted by the United 2 26 States department of transportation governing alcohol testing 2 27 required to be conducted pursuant to the federal Omnibus 2 28 Transportation Employee Testing Act of 1991. If any federal 2 29 rule, standard, or regulation is subsequently changed, the 2 30 commissioner shall, within ninety days, review such change and 2 31 take such action as is necessary to conform state requirements 2 32 with the change. 2 33 Sec. 4. Section 730.5, subsection 7, paragraph g, Code 2 34 1999, is amended to read as follows: 2 35 g. A medical review officer shall, prior to the results 3 1 being reported to an employer, review and interpret any 3 2 confirmed positive test results, including both quantitative 3 3 and qualitative test results, to ensure that the chain of 3 4 custody is complete and sufficient on its face and that any 3 5 information provided by the individual pursuant to paragraph 3 6 "c", subparagraph (2), is considered. However, this paragraph 3 7 shall not apply to alcohol testing where the sample tested is 3 8 breath if the testing requirements of paragraph "f", 3 9 subparagraph (2), are met. 3 10 Sec. 5. EFFECTIVE DATE. This Act, being deemed of 3 11 immediate importance, takes effect upon enactment. 3 12 EXPLANATION 3 13 This bill makes changes governing alcohol testing of 3 14 private sector employees and prospective employees when the 3 15 sample tested is breath. The bill provides that initial and 3 16 confirmatory testing for alcohol, when the sample tested is 3 17 breath, shall be conducted pursuant to requirements adopted by 3 18 the commissioner of public safety, which shall be consistent 3 19 with the applicable current requirements adopted by the United 3 20 States department of transportation to govern alcohol testing 3 21 required to be conducted pursuant to the federal Omnibus 3 22 Transportation Employee Testing Act of 1991. The bill 3 23 requires the commissioner to modify the rules to the extent 3 24 that the federal requirements are changed. Current drug and 3 25 alcohol testing requirements for confirmatory testing of a 3 26 positive test result and sample collection, specifically the 3 27 requirements for split samples and sample documentation, are 3 28 made inapplicable to alcohol testing when a breath sample is 3 29 used. 3 30 The bill takes effect upon enactment. 3 31 LSB 1346YH 78 3 32 ec/jw/5.1
Text: HF00022 Text: HF00024 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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