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