Text: HSB00222                          Text: HSB00224
Text: HSB00200 - HSB00299               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index



House Study Bill 223

Bill Text

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

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