Text: HSB00222 Text: HSB00224 Text: HSB00200 - HSB00299 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 730.6 PUBLIC SECTOR DRUG-FREE 1 2 WORKPLACES. 1 3 1. DEFINITIONS. As used in this section, unless the 1 4 context otherwise requires: 1 5 a. "Drug" means a substance considered a controlled 1 6 substance and included in schedule I, II, III, IV, or V under 1 7 the federal Controlled Substances Act, 21 U.S.C. } 801 et seq. 1 8 b. "Employee" means an elected official or employee of the 1 9 state of Iowa and its agencies, including any political 1 10 subdivisions of the state. 1 11 c. "Employee assistance program" means agency-based 1 12 counseling programs that offer assessment, short-term 1 13 counseling, and referral services to employees for a wide 1 14 range of drug, alcohol, and mental health problems that affect 1 15 employee job performance. Employee assistance programs are 1 16 responsible for referring drug-using employees for 1 17 rehabilitation and for monitoring employees' progress while in 1 18 treatment. 1 19 d. "Employee in a sensitive position" means any of the 1 20 following: 1 21 (1) Appointees serving at the pleasure of the governor or 1 22 whose appointment requires confirmation by the state 1 23 legislature. 1 24 (2) Peace officers as they are defined in section 801.4. 1 25 (3) Any other positions that the governor or agency head 1 26 determines involve law enforcement, the protection of life and 1 27 property, public health or safety, or other functions 1 28 requiring a high degree of trust and confidence. 1 29 e. "Governing authority" means the person or entity with 1 30 the authority to establish a drug-free workplace pursuant to 1 31 this section. Governing authority includes the following: 1 32 (1) For an employee of the executive branch of state 1 33 government whose agency head is not elected, the governor, or 1 34 the governor's designee. 1 35 (2) For an employee of the executive branch of state 2 1 government whose agency head is elected, the agency head, or 2 2 the agency head's designee. 2 3 (3) For an employee of the judicial branch of government, 2 4 the state court administrator, or designee. 2 5 (4) For an employee of the legislative branch of 2 6 government, the legislative council, or the council's 2 7 designee. 2 8 (5) For an employee of the senate or house of 2 9 representatives, the senate or house of representatives. 2 10 (6) For an employee of a political subdivision of the 2 11 state, the person or entity with the authority to hire or fire 2 12 the employee. 2 13 f. "State" refers to the state of Iowa, or any political 2 14 subdivision thereof. 2 15 2. DRUG-FREE WORKPLACE. The appropriate governing 2 16 authority shall implement a program establishing a drug-free 2 17 workplace for all state employees subject to that governing 2 18 authority. The program shall have as its core policy all of 2 19 the following: 2 20 a. State employees are required to refrain from the use of 2 21 drugs. 2 22 b. The use of drugs by state employees, whether on duty or 2 23 off duty, is contrary to the efficiency of the service. 2 24 c. Persons who use drugs are not suitable for state 2 25 employment. 2 26 3. DRUG-FREE WORKPLACE PLAN. The applicable governing 2 27 authority shall develop a plan for achieving the objective of 2 28 a drug-free workplace with due consideration of the rights of 2 29 the government and the general public. The plan shall include 2 30 all of the following: 2 31 a. A statement of policy setting forth the governing 2 32 authority's expectations regarding drug use and the action to 2 33 be anticipated in response to identified drug use. 2 34 b. Employee assistance programs emphasizing high-level 2 35 direction, education, counseling, referral to rehabilitation, 3 1 and coordination with available community resources. 3 2 c. Supervisory training to assist in identifying and 3 3 addressing drug use by state employees. 3 4 d. Provision for self-referrals as well as supervisory 3 5 referrals to treatment with maximum respect for individual 3 6 confidentiality consistent with safety and security issues. 3 7 e. Provision for identifying drug uses, including testing 3 8 on a controlled and carefully monitored basis in accordance 3 9 with this section. 3 10 4. DRUG TESTING PROGRAMS. 3 11 a. The applicable governing authority shall establish a 3 12 program to test for the use of drugs by employees in sensitive 3 13 positions. The extent to which such employees are tested and 3 14 the criteria for such testing shall be determined by the 3 15 applicable governing authority, or the designee of the 3 16 authority, based upon the nature of the governing authority's 3 17 mission and its employees' duties, the efficient use of 3 18 resources, and the danger to the public health and safety that 3 19 could result from the failure of an employee adequately to 3 20 discharge the employee's position. 3 21 b. The applicable governing authority shall establish a 3 22 program for voluntary employee drug testing. 3 23 c. In addition to the testing authorized in paragraphs "a" 3 24 and "b", the applicable governing authority, or the 3 25 authority's designee, may test an employee for drug use under 3 26 any of the following circumstances: 3 27 (1) When there is reasonable suspicion that any employee 3 28 uses drugs. 3 29 (2) In an examination authorized by the governing 3 30 authority regarding an accident or unsafe practice. 3 31 (3) As part of or as a follow-up to counseling or 3 32 rehabilitation for drug use through an employee assistance 3 33 program. 3 34 d. The applicable governing authority, or designee, is 3 35 authorized to test any prospective employee for drug use. 4 1 5. DRUG TESTING PROCEDURES. 4 2 a. Sixty days prior to the implementation of a drug 4 3 testing program pursuant to this section, a governing 4 4 authority shall notify employees that testing for use of drugs 4 5 is to be conducted and that they may seek counseling and 4 6 rehabilitation, and shall inform them of the procedures for 4 7 obtaining such assistance through the governing authority's, 4 8 or the state's, employee assistance program. Drug testing 4 9 programs already ongoing are exempted from the sixty-day 4 10 notice requirement. However, a governing authority may take 4 11 action under subsection 4, paragraph "c", without reference to 4 12 the sixty-day notice period. 4 13 b. Before conducting a drug test, the governing authority 4 14 shall inform the employee to be tested of the opportunity to 4 15 submit medical documentation that may support a legitimate use 4 16 of a specific drug. 4 17 c. Drug testing programs shall contain procedures for 4 18 timely submission of requests for retention of records and 4 19 specimens; procedures for retesting; and procedures, 4 20 consistent with applicable law, to protect the confidentiality 4 21 of test results and related medical and rehabilitation 4 22 records. Procedures for providing urine specimens must allow 4 23 individual privacy, unless the governing authority has reason 4 24 to believe that a particular individual may alter or 4 25 substitute the specimen to be provided. 4 26 d. The department of public health may adopt scientific 4 27 and technical guidelines for drug testing programs, and 4 28 governing authoritys shall conduct drug testing programs in 4 29 accordance with these guidelines once adopted. 4 30 6. PERSONNEL ACTIONS. 4 31 a. A governing authority shall, in addition to any 4 32 appropriate personnel actions, refer any employee who is found 4 33 to use drugs to an employee assistance program for assessment, 4 34 counseling, and referral for treatment or rehabilitation as 4 35 appropriate. 5 1 b. A governing authority shall initiate action to 5 2 discipline any employee who is found to use drugs. However, 5 3 such action is not required for an employee who does all of 5 4 the following: 5 5 (1) Voluntarily admits use of drugs or voluntarily agrees 5 6 to submit to drug testing pursuant to subsection 4, paragraph 5 7 "b", prior to being identified through other means. 5 8 (2) Obtains counseling or rehabilitation through an 5 9 employee assistance program or other authorized program. 5 10 (3) Refrains, following the actions specified in 5 11 subparagraphs (1) and (2), from using drugs, prior to 5 12 successful completion of rehabilitation through an employee 5 13 assistance program. As part of a rehabilitation or counseling 5 14 program, the governing authority may, at the governing 5 15 authority's discretion, allow an employee to return to duty in 5 16 a sensitive position if it is determined that this action 5 17 would not pose a danger to public health or safety. 5 18 c. A governing authority shall initiate action to remove 5 19 from employment any employee who is found to use drugs and 5 20 does any of the following: 5 21 (1) Refuses to obtain counseling or rehabilitation through 5 22 an employee assistance program or other authorized program. 5 23 (2) Does not thereafter refrain from using illegal drugs. 5 24 d. The results of a drug test and information obtained by 5 25 the governing authority in the course of the drug testing of 5 26 the employee may be considered in processing any adverse 5 27 action against the employee or for other administrative 5 28 purposes. Preliminary test results shall not be used in an 5 29 administrative proceeding unless they are confirmed by a 5 30 second analysis of the same sample or unless the employee 5 31 confirms the accuracy of the initial test by admitting the use 5 32 of drugs. 5 33 e. The determination of a governing authority that an 5 34 employee uses drugs can be made on the basis of any 5 35 appropriate evidence, including direct observation, a criminal 6 1 conviction, administrative inquiry, or the results of an 6 2 authorized testing program. Positive drug test results may be 6 3 rebutted by other evidence that an employee has not used 6 4 drugs. 6 5 f. Any action to discipline an employee who is using 6 6 drugs, including removal from employment, if appropriate, 6 7 shall be taken in compliance with any applicable law or 6 8 guideline governing removal of that employee. 6 9 g. Drug testing shall not be conducted pursuant to this 6 10 section for the purpose of gathering evidence for use in 6 11 criminal proceedings. A governing authority is not required 6 12 to report to any applicable law enforcement agency of the 6 13 state for investigation or prosecution in any information, 6 14 allegation, or evidence in relation to violations of Title 21 6 15 of the United States Code or similar state law governing the 6 16 use of drugs received as a result of the operation of drug 6 17 testing programs established pursuant to this section. 6 18 7. COORDINATION OF DRUG-FREE WORKPLACE PROGRAMS. The 6 19 governor, or the governor's designee, shall do all the 6 20 following: 6 21 a. Issue government-wide guidance to agencies and 6 22 political subdivisions of the state on the implementation of 6 23 the terms of this section. 6 24 b. Ensure that appropriate health care coverage for drug 6 25 abuse is maintained for state employees and their families. 6 26 c. Develop a model employee assistance program for state 6 27 agencies, and other governing authorities, and assist the 6 28 governing authorities in putting drug-free workplace programs 6 29 in place. 6 30 EXPLANATION 6 31 This bill provides guidelines governing public sector drug 6 32 testing. 6 33 The bill is made applicable to employees of the state, and 6 34 of the political subdivisions of the state, and establishes 6 35 the applicable governing authority responsible for developing 7 1 a drug-free workplace program as provided in this bill. 7 2 The bill provides for the development of drug-free 7 3 workplace plan and applicable program. 7 4 The bill grants each applicable governing authority the 7 5 power to drug test employees in sensitive positions pursuant 7 6 to rules determined by the governing authority. The bill 7 7 grants specific authority to test based upon reasonable 7 8 suspicion, as a result of an unsafe practice or accident, or 7 9 as part of rehabilitation through an employee assistance 7 10 program. 7 11 The bill provides for drug testing procedures with notice 7 12 to applicable employees concerning the adoption of a drug-free 7 13 workplace program. The department of public health is given 7 14 the authority to adopt rules governing scientific and 7 15 technical drug-testing matters. 7 16 The bill provides each governing authority with the ability 7 17 to take several personnel actions following a positive drug 7 18 test. The bill establishes certain requirements for an 7 19 employee to meet in order to avoid either discipline, or 7 20 termination, following a positive drug-test result. The bill 7 21 establishes limits on the use of information gathered for 7 22 purposes of conducting a drug test and restricts the ability 7 23 to release any information obtained to law enforcement. 7 24 Finally, the bill directs the governor to assist other 7 25 governing authorities in establishing a drug-free workplace 7 26 program pursuant to the requirements of this new section. 7 27 LSB 1836YC 78 7 28 ec/cf/24
Text: HSB00222 Text: HSB00224 Text: HSB00200 - HSB00299 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
© 1999 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Thu Mar 4 03:33:19 CST 1999
URL: /DOCS/GA/78GA/Legislation/HSB/00200/HSB00223/990303.html
jhf