Text: SF00114 Text: SF00116 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 115 1 2 1 3 AN ACT 1 4 RELATING TO ALCOHOL TESTING OF PRIVATE SECTOR EMPLOYEES AND 1 5 PROSPECTIVE EMPLOYEES AND PROVIDING AN EFFECTIVE DATE. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. Section 730.5, subsection 7, paragraph b, Code 1 10 1999, is amended to read as follows: 1 11 b. Sample collection for testing of current employees, 1 12 except for the collection of a sample for alcohol testing 1 13 conducted pursuant to paragraph "f", subparagraph (2), shall 1 14 be performed so that the specimen is split into two components 1 15 at the time of collection in the presence of the individual 1 16 from whom the sample or specimen is collected. The second 1 17 portion of the specimen or sample shall be of sufficient 1 18 quantity to permit a second, independent confirmatory test as 1 19 provided in paragraph "i". If the specimen is urine, the 1 20 sample shall be split such that the primary sample contains at 1 21 least thirty milliliters and the secondary sample contains at 1 22 least fifteen milliliters. Both portions of the sample shall 1 23 be forwarded to the laboratory conducting the initial 1 24 confirmatory testing. In addition to any requirements for 1 25 storage of the initial sample that may be imposed upon the 1 26 laboratory as a condition for certification or approval, the 1 27 laboratory shall store the second portion of any sample until 1 28 receipt of a confirmed negative test result or for a period of 1 29 at least forty-five calendar days following the completion of 1 30 the initial confirmatory testing, if the first portion yielded 1 31 a confirmed positive test result. 1 32 Sec. 2. Section 730.5, subsection 7, paragraph c, 1 33 subparagraph (1), Code 1999, is amended to read as follows: 1 34 (1) Samples, except for samples collected for alcohol 1 35 testing conducted pursuant to paragraph "f", subparagraph (2), 2 1 shall be labeled so as to reasonably preclude the possibility 2 2 of misidentification of the person tested in relation to the 2 3 test result provided, and samples shall be handled and tracked 2 4 in a manner such that control and accountability are 2 5 maintained from initial collection to each stage in handling, 2 6 testing, and storage, through final disposition. 2 7 Sec. 3. Section 730.5, subsection 7, paragraph f, Code 2 8 1999, is amended to read as follows: 2 9 f. Drug or alcohol testing shall include confirmation of 2 10 any initial positive test results.For drug or alcohol2 11testing, confirmation shall be by use of a different chemical2 12process than was used in the initial screen for drugs or2 13alcohol. The confirmatory drug or alcohol test shall be a2 14chromatographic technique such as gas chromatography or mass2 15spectrometry, or another comparably reliable analytical2 16method.An employer may take adverse employment action, 2 17 including refusal to hire a prospective employee, based on a 2 18 confirmed positive drug or alcohol test. 2 19 (1) For drug or alcohol testing, except for alcohol 2 20 testing conducted pursuant to subparagraph (2), confirmation 2 21 shall be by use of a different chemical process than was used 2 22 in the initial screen for drugs or alcohol. The confirmatory 2 23 drug or alcohol test shall be a chromatographic technique such 2 24 as gas chromatography/mass spectrometry, or another comparably 2 25 reliable analytical method. 2 26 (2) Notwithstanding any provision of this section to the 2 27 contrary, alcohol testing, including initial and confirmatory 2 28 testing, may be conducted pursuant to requirements established 2 29 by the employer's written policy. The written policy shall 2 30 include requirements governing evidential breath testing 2 31 devices, alcohol screening devices, and the qualifications for 2 32 personnel administering initial and confirmatory testing, 2 33 which shall be consistent with regulations adopted as of 2 34 January 1, 1999, by the United States department of 2 35 transportation governing alcohol testing required to be 3 1 conducted pursuant to the federal Omnibus Transportation 3 2 Employee Testing Act of 1991. 3 3 Sec. 4. Section 730.5, subsection 7, paragraph g, Code 3 4 1999, is amended to read as follows: 3 5 g. A medical review officer shall, prior to the results 3 6 being reported to an employer, review and interpret any 3 7 confirmed positive test results, including both quantitative 3 8 and qualitative test results, to ensure that the chain of 3 9 custody is complete and sufficient on its face and that any 3 10 information provided by the individual pursuant to paragraph 3 11 "c", subparagraph (2), is considered. However, this paragraph 3 12 shall not apply to alcohol testing conducted pursuant to 3 13 paragraph "f", subparagraph (2). 3 14 Sec. 5. Section 730.5, subsection 9, paragraph c, 3 15 subparagraph (2), Code 1999, is amended to read as follows: 3 16 (2) If an employer does not have an employee assistance 3 17 program, the employer must maintain a resource file of 3 18employee assistance services providers,alcohol and other drug 3 19 abuse programs certified by the Iowa department of public 3 20 health, mental health providers, and other persons, entities, 3 21 or organizations available to assist employees with personal 3 22 or behavioral problems. The employer shall provide all 3 23 employees information about the existence of the resource file 3 24 and a summary of the information contained within the resource 3 25 file. The summary should contain, but need not be limited to, 3 26 all information necessary to access the services listed in the 3 27 resource file.In addition, the employer shall post in3 28conspicuous places a listing of multiple employee assistance3 29providers in the area.3 30 Sec. 6. Section 730.5, subsection 9, paragraph g, 3 31 unnumbered paragraph 1, Code 1999, is amended to read as 3 32 follows: 3 33 Upon receipt of a confirmed positive alcohol test which 3 34 indicates an alcohol concentration greater than the 3 35 concentration level established by the employer pursuant to 4 1 this sectionbut less than the concentration level in section4 2321J.2 for operating while under the influence of alcohol, and 4 3 if the employer has at least fifty employees, and if the 4 4 employee has been employed by the employer for at least twelve 4 5 of the preceding eighteen months, and if rehabilitation is 4 6 agreed upon by the employee, and if the employee has not 4 7 previously violated the employer's substance abuse prevention 4 8 policy pursuant to this section, the written policy shall 4 9 provide for the rehabilitation of the employee pursuant to 4 10 subsection 10, paragraph "a", subparagraph (1), and the 4 11 apportionment of the costs of rehabilitation as provided by 4 12 this paragraph. 4 13 Sec. 7. Section 730.5, subsection 9, paragraph h, Code 4 14 1999, is amended to read as follows: 4 15 h. In order to conduct drug or alcohol testing under this 4 16 section, an employer shall require supervisory personnel of 4 17 the employer involved with drug or alcohol testing under this 4 18 section to attend a minimum of two hours of initial training 4 19 and to attend, on an annual basis thereafter, a minimum of one 4 20 hour of subsequent training. The training shall include, but 4 21 is not limited to, information concerning the recognition of 4 22 evidence of employee alcohol and other drug abuse, the 4 23 documentation and corroboration of employee alcohol and other 4 24 drug abuse, and the referral of employees who abuse alcohol or 4 25 other drugs to the employee assistance program or to the 4 26 resource fileof employee assistance services providers4 27 maintained by the employer pursuant to paragraph "c", 4 28 subparagraph (2). 4 29 Sec. 8. EFFECTIVE DATE. This Act, being deemed of 4 30 immediate importance, takes effect upon enactment. 4 31 4 32 4 33 4 34 MARY E. KRAMER 4 35 President of the Senate 5 1 5 2 5 3 5 4 RON J. CORBETT 5 5 Speaker of the House 5 6 5 7 I hereby certify that this bill originated in the Senate and 5 8 is known as Senate File 115, Seventy-eighth General Assembly. 5 9 5 10 5 11 5 12 MICHAEL E. MARSHALL 5 13 Secretary of the Senate 5 14 Approved , 1999 5 15 5 16 5 17 5 18 THOMAS J. VILSACK 5 19 Governor
Text: SF00114 Text: SF00116 Text: SF00100 - SF00199 Text: SF 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: Wed Jan 12 05:55:00 CST 2000
URL: /DOCS/GA/78GA/Legislation/SF/00100/SF00115/990415.html
jhf