Text: SF00339                           Text: SF00341
Text: SF00300 - SF00399                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

Senate File 340

Partial Bill History

Bill Text

  1  1    Section 1.  NEW SECTION.  730.6  PUBLIC SECTOR DRUG-FREE
  1  3    1.  DEFINITIONS.  As used in this section, unless the
  1  4 context otherwise requires:
  1  5    a.  "Alcohol" means ethanol, isopropanol, or methanol.
  1  6    b.  "Drug" means a substance considered a controlled
  1  7 substance and included in schedule I, II, III, IV, or V under
  1  8 the federal Controlled Substances Act, 21 U.S.C. } 801 et seq.
  1  9    c.  "Employee" means a person in the service of an
  1 10 employer.
  1 11    d.  "Employee testing compliance officer" means a licensed
  1 12 chiropractor, nurse practitioner, or physician assistant who
  1 13 has knowledge of substance abuse disorders and has appropriate
  1 14 medical training to perform tasks delegated by a medical
  1 15 review officer consistent with the mandatory guidelines for
  1 16 federal workplace drug testing programs.
  1 17    e.  "Employer" means the state of Iowa and its agencies,
  1 18 the counties, cities, public school districts, all political
  1 19 subdivisions, and all of their departments and
  1 20 instrumentalities.
  1 21    f.  "Good faith" means reasonable reliance on facts, or
  1 22 that which is held out to be factual, without the intent to be
  1 23 deceived, and without reckless, malicious, or negligent
  1 24 disregard for the truth.
  1 25    g.  "Medical review officer" means a physician licensed to
  1 26 practice medicine and surgery or osteopathic medicine and
  1 27 surgery who receives laboratory results generated by an
  1 28 employer's drug or alcohol testing program and who interprets
  1 29 and evaluates an individual's confirmed positive test result,
  1 30 along with the individual's medical history and any other
  1 31 relevant biomedical information, consistent with the mandatory
  1 32 guidelines for federal workplace drug testing programs.
  1 33    h.  "Prospective employee" means a person who has made
  1 34 application, whether written or oral, to an employer to become
  1 35 an employee.
  2  1    i.  "Reasonable suspicion drug or alcohol testing" means
  2  2 drug or alcohol testing based upon evidence that an employee
  2  3 is using or has used alcohol or other drugs in violation of
  2  4 the employer's written policy drawn from specific objective
  2  5 and articulable facts and reasonable inferences drawn from
  2  6 those facts in light of experience.  For purposes of this
  2  7 paragraph, facts and inferences may be based upon, but not
  2  8 limited to, any of the following:
  2  9    (1)  Observable phenomena while at work such as direct
  2 10 observation of alcohol or drug use or abuse or of the physical
  2 11 symptoms or manifestations of being impaired due to alcohol or
  2 12 other drug use.
  2 13    (2)  Abnormal conduct or erratic behavior while at work or
  2 14 a significant deterioration in work performance.
  2 15    (3)  A report of alcohol or other drug use provided by a
  2 16 reliable and credible source.
  2 17    (4)  Evidence that an individual has tampered with any drug
  2 18 or alcohol test during the individual's employment with the
  2 19 current employer.
  2 20    (5)  Evidence that an employee has endangered the life or
  2 21 safety of a person while at work or has caused an accident
  2 22 while at work which resulted in an injury to a person for
  2 23 which injury, if suffered by an employee, a record or report
  2 24 could be required under chapter 88, or resulted in damage to
  2 25 property, including to equipment, in an amount reasonably
  2 26 estimated at the time of the accident to exceed one thousand
  2 27 dollars.
  2 28    (6)  Evidence that an employee has manufactured, sold,
  2 29 distributed, solicited, possessed, used, or transferred drugs
  2 30 while working or while on the employer's premises or while
  2 31 operating the employer's vehicle, machinery, or equipment.
  2 32    j.  "Safety-sensitive position" means a job identified by
  2 33 rule or by an employer as safety-sensitive, and includes a job
  2 34 wherein an accident could cause loss of human life, serious
  2 35 bodily injury, or significant property or environmental
  3  1 damage, including a job with duties that include supervision
  3  2 of a person in a job that meets the requirement of this
  3  3 paragraph.
  3  4    k.  "Sample" means such sample from the human body capable
  3  5 of revealing the presence of alcohol or other drugs, or their
  3  6 metabolites.  However, "sample" does not mean blood except as
  3  7 authorized pursuant to subsection 4 and subsection 6,
  3  8 paragraph "k".
  3  9    l.  "Unannounced drug or alcohol testing" means testing for
  3 10 the purposes of detecting drugs or alcohol which is conducted
  3 11 on a periodic basis, without advance notice of the test to
  3 12 employees, other than employees whose duties include
  3 13 responsibility for administration of the employer's drug or
  3 14 alcohol testing program, subject to testing prior to the day
  3 15 of testing, and without individualized suspicion.  The
  3 16 selection of employees to be tested from the pool of employees
  3 17 subject to testing shall be done based on a neutral and
  3 18 objective selection process by an entity independent from the
  3 19 employer and shall be made by a computer-based random number
  3 20 generator that is matched with employees' social security
  3 21 numbers, payroll identification numbers, or other comparable
  3 22 identifying numbers in which each member of the employee
  3 23 population subject to testing has an equal chance of selection
  3 24 for initial testing, regardless of whether the employee has
  3 25 been selected or tested previously.  The random selection
  3 26 process shall be conducted through a computer program that
  3 27 records each selection attempt by date, time, and employee
  3 28 number.
  3 29    2.  APPLICABILITY.  This section does not apply to drug or
  3 30 alcohol tests conducted on employees pursuant to federal
  3 31 statutes, federal regulations, or orders issued pursuant to
  3 32 federal law, or conducted on employees or prospective
  3 33 employees pursuant to section 730.5.
  3 35 the extent provided in subsection 7, an employer may test
  4  1 employees and prospective employees for the presence of drugs
  4  2 or alcohol as a condition of continued employment or hiring.
  4  3 An employer shall adhere to the requirements of this section
  4  4 concerning the conduct of such testing and the use and
  4  5 disposition of the results of such testing.
  4  6    4.  COLLECTION OF SAMPLES.  In conducting drug or alcohol
  4  7 testing, an employer may require the collection of samples
  4  8 from its employees and prospective employees, and may require
  4  9 presentation of reliable individual identification from the
  4 10 person being tested to the person collecting the samples.
  4 11 Collection of a sample shall be in conformance with the
  4 12 requirements of this section.  If the employer requests that a
  4 13 urine sample be provided in conducting drug or alcohol testing
  4 14 under this section, the employer shall provide the employee or
  4 15 prospective employee with an opportunity to have a blood
  4 16 sample drawn instead of providing a urine sample.
  4 17    5.  SCHEDULING OF TESTS.
  4 18    a.  Drug or alcohol testing of employees conducted by an
  4 19 employer shall normally occur during, or immediately before or
  4 20 after, a regular work period.  The time required for such
  4 21 testing by an employer shall be deemed work time for the
  4 22 purposes of compensation and benefits for employees.
  4 23    b.  An employer shall pay all actual costs for drug or
  4 24 alcohol testing of employees and prospective employees
  4 25 required by the employer.
  4 26    c.  An employer shall provide transportation or pay
  4 27 reasonable transportation costs to employees for all drug or
  4 28 alcohol testing under this section.
  4 29    6.  TESTING PROCEDURES.  All sample collection and testing
  4 30 for drugs or alcohol under this section shall be performed in
  4 31 accordance with the following conditions:
  4 32    a.  The collection of samples shall be performed under
  4 33 sanitary conditions and with regard for the privacy of the
  4 34 individual from whom the specimen is being obtained and in a
  4 35 manner reasonably calculated to preclude contamination or
  5  1 substitution of the specimen.
  5  2    b.  Sample collection for drug testing of current employees
  5  3 shall be performed so that the specimen is split into two
  5  4 components at the time of collection in the presence of the
  5  5 individual from whom the sample or specimen is collected.  The
  5  6 second portion of the specimen or sample shall be of
  5  7 sufficient quantity to permit a second, independent
  5  8 confirmatory test as provided in paragraph "i".  If the
  5  9 specimen is urine, the sample shall be split such that the
  5 10 primary sample contains at least thirty milliliters and the
  5 11 secondary sample contains at least fifteen milliliters.  Both
  5 12 portions of the sample shall be forwarded to the laboratory
  5 13 conducting the initial confirmatory testing.  In addition to
  5 14 any requirements for storage of the initial sample that may be
  5 15 imposed upon the laboratory as a condition for certification
  5 16 or approval, the laboratory shall store the second portion of
  5 17 any sample until receipt of a confirmed negative test result
  5 18 or for a period of at least forty-five calendar days following
  5 19 the completion of the initial confirmatory testing, if the
  5 20 first portion yielded a confirmed positive test result.
  5 21    c.  Sample collections shall be documented, and the
  5 22 procedure for documentation shall include the following:
  5 23    (1)  Samples, except for samples collected for alcohol
  5 24 testing conducted pursuant to paragraph "f", subparagraph (2),
  5 25 shall be labeled so as to reasonably preclude the possibility
  5 26 of misidentification of the individual tested in relation to
  5 27 the test result provided, and samples shall be handled and
  5 28 tracked in a manner such that control and accountability are
  5 29 maintained from initial collection to each stage in handling,
  5 30 testing, and storage, through final disposition.
  5 31    (2)  An employee or prospective employee shall be provided
  5 32 an opportunity to provide any information which may be
  5 33 considered relevant to the test, including identification of
  5 34 prescription or nonprescription drugs currently or recently
  5 35 used, or other relevant medical information.  Information
  6  1 provided by the employee or prospective employee shall not be
  6  2 disclosed to the employer but shall be delivered to the
  6  3 facility conducting confirmatory testing.
  6  4    d.  Sample collection, storage, and transportation to the
  6  5 place of testing shall be performed so as to reasonably
  6  6 preclude the possibility of sample contamination,
  6  7 adulteration, or misidentification.
  6  8    e.  All confirmatory drug testing shall be conducted at a
  6  9 laboratory certified by the United States department of health
  6 10 and human services' substance abuse and mental health services
  6 11 administration or approved under rules adopted by the Iowa
  6 12 department of public health.
  6 13    f.  Drug or alcohol testing shall include confirmation of
  6 14 any initial positive test results.
  6 15    (1)  For drug testing, confirmation shall be by a
  6 16 chromatographic technique such as gas chromatography/mass
  6 17 spectrometry, or another comparably reliable analytical
  6 18 method.
  6 19    (2)  Notwithstanding any provision of this section to the
  6 20 contrary, alcohol testing, including initial and confirmatory
  6 21 testing, may be conducted pursuant to requirements established
  6 22 by the employer's written policy.  The written policy shall
  6 23 include requirements governing evidential breath testing
  6 24 devices, alcohol screening devices, and the qualifications for
  6 25 personnel administering initial and confirmatory testing,
  6 26 which shall be consistent with regulations adopted as of
  6 27 January 1, 1999, by the United States department of
  6 28 transportation governing alcohol testing required to be
  6 29 conducted pursuant to the federal Omnibus Transportation
  6 30 Employee Testing Act of 1991.
  6 31    g.  A medical review officer shall, prior to the results
  6 32 being reported to an employer and the employee or prospective
  6 33 employee tested, review and interpret any confirmed positive
  6 34 test results, including both quantitative and qualitative test
  6 35 results, to ensure that the chain of custody is complete and
  7  1 sufficient on its face and that any information provided by
  7  2 the individual pursuant to paragraph "c", subparagraph (2), is
  7  3 considered.  An employee testing compliance officer may assist
  7  4 a medical review officer in conducting the review required by
  7  5 this paragraph.  This paragraph shall not apply to alcohol
  7  6 testing conducted pursuant to paragraph "f", subparagraph (2).
  7  7    h.  In conducting drug or alcohol testing pursuant to this
  7  8 section, the employer shall ensure that the testing only
  7  9 measure, and the records concerning the testing only show or
  7 10 make use of information regarding, alcohol or drugs in the
  7 11 body.
  7 12    i.  If a positive drug test for an employee or prospective
  7 13 employee is confirmed by the medical review officer, the
  7 14 medical review officer shall notify the employee or
  7 15 prospective employee in writing of the results of the test, of
  7 16 the employee's or prospective employee's right to request and
  7 17 obtain a confirmatory test of the second sample collected
  7 18 pursuant to paragraph "b" at a certified or approved
  7 19 laboratory of the employee's or prospective employee's choice,
  7 20 and of the fee established by the employer's written policy to
  7 21 be payable by the employee or prospective employee for
  7 22 reimbursement of expenses concerning the test.  The fee
  7 23 charged an employee or prospective employee shall be an amount
  7 24 that represents the costs associated with conducting the
  7 25 second confirmatory test on an employee's or prospective
  7 26 employee's sample.  If the employee or prospective employee
  7 27 requests a second confirmatory test, identifies a certified or
  7 28 approved laboratory to conduct the test, and pays the medical
  7 29 review officer the fee for the test within fifteen days from
  7 30 the date the employee or prospective employee receives written
  7 31 notice of the right to request a test, a second confirmatory
  7 32 test shall be conducted at the laboratory chosen by the
  7 33 employee or prospective employee.  The results of the second
  7 34 confirmatory test shall be reported to the medical review
  7 35 officer who reviewed the initial confirmatory test results and
  8  1 the medical review officer shall review the results and issue
  8  2 a report to the employer and the employee or prospective
  8  3 employee tested that the results of the drug test were
  8  4 confirmed as positive if the results of the second
  8  5 confirmatory test confirmed the initial confirmatory test as
  8  6 to the presence of a specific drug.  If the results of the
  8  7 second test do not confirm the results of the initial
  8  8 confirmatory test, the medical review officer shall report to
  8  9 the employer that the result of the drug test is negative and
  8 10 not a confirmed positive test result for purposes of this
  8 11 section.
  8 12    j.  A report of the results of a drug or alcohol test
  8 13 issued to an employer and the employee or prospective employee
  8 14 tested shall indicate, as to an employee or prospective
  8 15 employee, whether the test results were positive or negative.
  8 16 An inconclusive test result shall be reported as a negative
  8 17 test result.  If the test results are positive, the report
  8 18 shall indicate whether drugs or alcohol were present, which
  8 19 drugs were present if applicable, information concerning the
  8 20 amount of alcohol present, and, if applicable, a statement
  8 21 that any information provided by the employee or prospective
  8 22 employee fails to explain the results.
  8 23    k.  Notwithstanding the provisions of this subsection, an
  8 24 employer may rely and take action upon the results of any
  8 25 blood test for drugs or alcohol made on any employee involved
  8 26 in an accident at work if the test is administered by or at
  8 27 the direction of the person providing treatment or care to the
  8 28 employee without request or suggestion by the employer that a
  8 29 test be conducted, and the employer has lawfully obtained the
  8 30 results of the test.  For purposes of this paragraph, an
  8 31 employer shall not be deemed to have requested or required a
  8 32 test in conjunction with the provision of medical treatment
  8 33 following a workplace accident by providing information
  8 34 concerning the circumstance of the accident.
  8 35    7.  DRUG OR ALCOHOL TESTING.  Employers may conduct drug or
  9  1 alcohol testing as provided in this subsection:
  9  2    a.  Employers may conduct unannounced drug or alcohol
  9  3 testing of employees who are selected from a pool of employees
  9  4 in a safety-sensitive position and who are scheduled to be at
  9  5 work at the time testing is conducted, other than employees
  9  6 who are not scheduled to be at work at the time the testing is
  9  7 to be conducted or who have been excused from work pursuant to
  9  8 the employer's work policy prior to the time the testing is
  9  9 announced to employees.
  9 10    b.  Employers may conduct drug or alcohol testing of
  9 11 employees for up to two years after completion of drug or
  9 12 alcohol rehabilitation.
  9 13    c.  Employers may conduct reasonable suspicion drug or
  9 14 alcohol testing.
  9 15    d.  Employers may conduct drug or alcohol testing of
  9 16 prospective employees.
  9 17    e.  Employers may conduct drug or alcohol testing in
  9 18 investigating accidents in the workplace which result, or
  9 19 could have resulted, in a personal injury which required
  9 20 medical treatment away from the workplace or damage to
  9 21 property, including equipment, in an amount reasonably
  9 22 estimated to exceed one thousand dollars at the time of the
  9 23 accident.
  9 24    f.  Employers may conduct drug or alcohol testing of
  9 25 employees who volunteer to be tested at the time drug or
  9 26 alcohol testing is being conducted by the employer.
  9 28    a.  Prior to conducting drug or alcohol testing under this
  9 29 section, an employer shall establish a written policy
  9 30 consistent with the requirements of this section governing
  9 31 such testing.  The employer shall comply with this section and
  9 32 the requirements of the written policy to conduct drug or
  9 33 alcohol testing of employees and prospective employees and
  9 34 shall provide the written policy to every employee subject to
  9 35 testing and shall make the policy available for review by
 10  1 employees and prospective employees.
 10  2    b.  Employers shall establish an awareness program to
 10  3 inform employees of the dangers of drug and alcohol use in the
 10  4 workplace and shall comply with the following requirements in
 10  5 order to conduct drug or alcohol testing under this section:
 10  6    (1)  If an employer has an employee assistance program, the
 10  7 employer must inform the employee of the benefits and services
 10  8 of the employee assistance program.  An employer shall post
 10  9 notice of the employee assistance program in conspicuous
 10 10 places and explore alternative routine and reinforcing means
 10 11 of publicizing such services.  In addition, the employer must
 10 12 provide the employee with notice of the policies and
 10 13 procedures regarding access to and utilization of the program.
 10 14    (2)  If an employer does not have an employee assistance
 10 15 program, the employer must maintain a resource file of alcohol
 10 16 and other drug abuse programs certified by the Iowa department
 10 17 of public health, mental health providers, and other persons,
 10 18 entities, or organizations available to assist employees with
 10 19 personal or behavioral problems.  The employer shall provide
 10 20 all employees information about the existence of the resource
 10 21 file and a summary of the information contained within the
 10 22 resource file.  The summary should contain, but need not be
 10 23 limited to, all information necessary to access the services
 10 24 listed in the resource file.
 10 25    c.  An employee or prospective employee whose drug or
 10 26 alcohol test results are confirmed as positive in accordance
 10 27 with this section shall not, by virtue of those results alone,
 10 28 be considered as a person with a disability for purposes of
 10 29 any state or local law or regulation.
 10 30    d.  If the written policy provides for alcohol testing, the
 10 31 employer shall establish in the written policy a standard for
 10 32 alcohol concentration which shall be deemed to violate the
 10 33 policy.  The standard for alcohol concentration shall not be
 10 34 less than .04, expressed in terms of grams of alcohol per two
 10 35 hundred ten liters of breath, or its equivalent.
 11  1    e.  In order to conduct drug or alcohol testing under this
 11  2 section, an employer shall require supervisory personnel of
 11  3 the employer involved with drug or alcohol testing under this
 11  4 section to attend a minimum of two hours of initial training
 11  5 and to attend, on an annual basis thereafter, a minimum of one
 11  6 hour of subsequent training.  The training shall include, but
 11  7 is not limited to, information concerning the recognition of
 11  8 evidence of employee alcohol and other drug abuse, the
 11  9 documentation and corroboration of employee alcohol and other
 11 10 drug abuse, and the referral of employees who abuse alcohol or
 11 11 other drugs to the employee assistance program or to the
 11 12 resource file of alcohol and other certified drug abuse
 11 13 programs.
 11 14    9.  DISCIPLINARY PROCEDURES.  Upon receipt of a confirmed
 11 15 positive drug or alcohol test result, upon the failure of an
 11 16 employee to comply with the requirements of paragraph "a", or
 11 17 upon the refusal of an employee or prospective employee to
 11 18 provide a testing sample, an employer may use that test result
 11 19 or test refusal as a valid basis for disciplinary or
 11 20 rehabilitative actions consistent with the employer's written
 11 21 policy, which may include, among other actions, the following:
 11 22    a.  A requirement that the employee enroll in an employer-
 11 23 provided or approved rehabilitation, treatment, or counseling
 11 24 program, which may include additional drug or alcohol testing,
 11 25 participation in and successful completion of which may be a
 11 26 condition of continued employment, and the costs of which may
 11 27 or may not be covered by the employer's health plan or
 11 28 policies.
 11 29    b.  Suspension of the employee, with or without pay, for a
 11 30 designated period of time.
 11 31    c.  Termination of employment.
 11 32    d.  Refusal to hire a prospective employee.
 11 33    e.  Other adverse employment action in conformance with the
 11 34 employer's written policy and procedures, including any
 11 35 relevant collective bargaining agreement provisions.
 12  1    10.  EMPLOYER IMMUNITY.  A cause of action shall not arise
 12  2 against an employer who, in good faith, has established a
 12  3 written policy in accordance with this section and has
 12  4 complied with the requirements of the written policy and this
 12  5 section for testing or taking action based on the results of a
 12  6 confirmed positive drug or alcohol test result, indicating the
 12  7 presence of drugs or alcohol, or the refusal of an employee or
 12  8 prospective employee to submit to a drug or alcohol test.
 12 11    a.  Except as provided in paragraph "b", all communications
 12 12 received by an employer relevant to employee or prospective
 12 13 employee drug or alcohol test results, or otherwise received
 12 14 through the employer's drug or alcohol testing program, are
 12 15 confidential communications and shall not be used or received
 12 16 in evidence, obtained in discovery, or disclosed in any public
 12 17 or private proceeding, except as provided by this section or
 12 18 in a proceeding related to an action taken by an employer
 12 19 under this section or by an employee under this section.
 12 20    b.  An employee, or a prospective employee, who is the
 12 21 subject of a drug or alcohol test conducted under this section
 12 22 pursuant to an employer's written policy and for whom a
 12 23 confirmed positive test result is reported shall receive, at
 12 24 the same time the report is issued to the employer, a copy of
 12 25 the report issued to the employer and shall receive any
 12 26 records relating to the employee's drug or alcohol test,
 12 27 including records of the laboratory where the testing was
 12 28 conducted and any records relating to the results of any
 12 29 relevant review by a medical review officer.
 12 30    12.  CIVIL REMEDIES.  This section may be enforced through
 12 31 a civil action.
 12 32    a.  A person who violates this section or who aids in the
 12 33 violation of this section, is liable to an aggrieved employee
 12 34 or prospective employee for affirmative relief including
 12 35 reinstatement or hiring, with or without back pay, or any
 13  1 other equitable relief as the court deems appropriate
 13  2 including attorney fees and court costs.
 13  3    b.  When a person commits, is committing, or proposes to
 13  4 commit, an act in violation of this section, an injunction may
 13  5 be granted through an action in district court to prohibit the
 13  6 person from continuing such acts.  The action for injunctive
 13  7 relief may be brought by an aggrieved employee or prospective
 13  8 employee, the county attorney, or the attorney general.
 13  9    In an action brought under this subsection alleging that an
 13 10 employer has required a drug or alcohol test in violation of
 13 11 this section, the employer has the burden of proving that the
 13 12 requirements of this section were met.
 13 14    a.  Any laboratory, employee testing compliance officer, or
 13 15 medical review officer who discloses information in violation
 13 16 of the provisions of subsection 6, paragraph "h" or "j", or
 13 17 any employer who, through the selection process described in
 13 18 subsection 1, paragraph "l", improperly targets or exempts
 13 19 employees subject to unannounced drug or alcohol testing,
 13 20 shall be subject to a civil penalty of one thousand dollars
 13 21 for each violation.  The attorney general or the attorney
 13 22 general's designee may maintain a civil action to enforce this
 13 23 subsection.  Any civil penalty recovered shall be deposited in
 13 24 the general fund of the state.
 13 25    b.  A laboratory, employee testing compliance officer, or
 13 26 medical review officer involved in the conducting of a drug or
 13 27 alcohol test pursuant to this section shall be deemed to have
 13 28 the necessary contact with this state for the purpose of
 13 29 subjecting the laboratory, employee testing compliance
 13 30 officer, or medical review officer to the jurisdiction of the
 13 31 courts of this state.
 13 32    14.  REPORTS.  A laboratory doing business for an employer
 13 33 who conducts drug or alcohol tests pursuant to this section
 13 34 shall file an annual report with the Iowa department of public
 13 35 health by March 1 of each year concerning the number of drug
 14  1 or alcohol tests conducted on employees who work in this state
 14  2 pursuant to this section, and the number of positive and
 14  3 negative results of the tests, during the previous calendar
 14  4 year.  The department of public health shall compile the
 14  5 information received and make it available to the public.  In
 14  6 addition, the laboratory shall include in its annual report
 14  7 the specific basis for each test as authorized in subsection
 14  8 7, the type of drug or drugs which were found in the positive
 14  9 drug tests, and all significant available demographic factors
 14 10 relating to the positive test pool.
 14 11    Sec. 2.  EFFECTIVE DATE.  This Act takes effect on January
 14 12 1, 2000.  
 14 13                           EXPLANATION
 14 14    This bill provides guidelines governing drug and alcohol
 14 15 testing of employees employed by the public sector employer.
 14 16 Employees subject to testing under Code section 730.5 or under
 14 17 federal law are excluded from this bill.
 14 18    The bill defines "employer" to mean the state and its
 14 19 agencies, as well as counties, cities, public school
 14 20 districts, all political subdivisions, and all of their
 14 21 departments and instrumentalities.  The bill includes
 14 22 definitions for "safety-sensitive position", "unannounced drug
 14 23 or alcohol testing", and "reasonable suspicion drug or alcohol
 14 24 testing".
 14 25    The bill governs the procedures for conducting a drug or
 14 26 alcohol test by an employer, including the collection of
 14 27 samples and the scheduling of tests.  The bill also requires
 14 28 that the results of drug or alcohol testing be confirmed and
 14 29 specifies the methodology by which a drug test shall be
 14 30 confirmed and that alcohol testing shall be conducted pursuant
 14 31 to applicable federal department of transportation
 14 32 regulations.  The bill provides that samples collected from
 14 33 current employees for drug testing shall be split into two
 14 34 components so that an employee has an opportunity to have the
 14 35 second sample tested if the first sample yields a confirmed
 15  1 positive test result.
 15  2    The bill permits unannounced drug or alcohol testing of
 15  3 employees working in a safety-sensitive position, and permits
 15  4 testing of employees during and after completion of drug or
 15  5 alcohol rehabilitation.  The bill also permits drug or alcohol
 15  6 testing based on reasonable suspicion, of prospective
 15  7 employees, in investigating an accident at work, and of
 15  8 employees who volunteer to be tested.
 15  9    The bill requires an employer to establish a written
 15 10 policy, available to employees and prospective employees,
 15 11 governing drug or alcohol testing.  The bill also provides
 15 12 what disciplinary or rehabilitative actions are permissible as
 15 13 a part of the employer's written policy.  The written policy
 15 14 shall also provide, if applicable, a minimum level for a
 15 15 positive alcohol test result, but in no event lower than 0.04,
 15 16 and information about the employer's employee assistance
 15 17 program, if applicable, or community services concerning
 15 18 alcohol and drug abuse.
 15 19    The bill also makes provisions governing the liability of
 15 20 an employer.  The bill provides that an employer shall not be
 15 21 liable, who, in good faith, has established a written policy
 15 22 in accordance with this bill and has complied with the law and
 15 23 with the written policy.
 15 24    The bill also provides for the confidentiality of test
 15 25 results and provides that information collected to conduct
 15 26 drug or alcohol testing shall not be disseminated or
 15 27 disclosed.  The bill provides that a violation of disclosure
 15 28 requirements by a laboratory, employee testing compliance
 15 29 officer, or medical review officer is subject to a $1,000
 15 30 civil penalty.  The bill also provides that a person who
 15 31 violates the provisions of this new Code section is liable to
 15 32 an aggrieved employee or prospective employee through a civil
 15 33 action for affirmative relief such as reinstatement or for
 15 34 injunctive relief, as applicable.
 15 35    The bill further provides that laboratories conducting drug
 16  1 or alcohol tests pursuant to this bill shall report the number
 16  2 and results of the drug or alcohol tests conducted during a
 16  3 calendar year to the department of public health by March 1 of
 16  4 the subsequent year.
 16  5    This bill takes effect January 1, 2000.  
 16  6 LSB 1515XS 78
 16  7 ec/cf/24.2

Text: SF00339                           Text: SF00341
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Last update: Wed Jan 12 05:55:00 CST 2000
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