Text: SSB01179 Text: SSB01181 Text: SSB01100 - SSB01199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 730.5, subsection 1, Code 1999, is 1 2 amended by adding the following new paragraphs after paragraph 1 3 c: 1 4 NEW PARAGRAPH. cc. "Employee assistance program" means a 1 5 workplace-focused program, established by an employer or 1 6 union, which is designed to assist employees in identifying 1 7 and planning solutions for personal concerns including alcohol 1 8 or drug-related issues that may affect job performance and to 1 9 provide training and consultation services for work 1 10 organizations addressing issues related to such personal 1 11 concerns. 1 12 NEW PARAGRAPH. cd. "Employee testing compliance officer" 1 13 means a licensed chiropractor, nurse practitioner, or 1 14 physician assistant who has knowledge of substance abuse 1 15 disorders and has appropriate medical training to perform 1 16 tasks delegated by a medical review officer consistent with 1 17 the mandatory guidelines for federal workplace drug testing 1 18 programs. 1 19 Sec. 2. Section 730.5, subsection 1, paragraph f, Code 1 20 1999, is amended by striking the paragraph and inserting in 1 21 lieu thereof the following: 1 22 f. "Medical review officer" means a physician licensed to 1 23 practice medicine and surgery or osteopathic medicine and 1 24 surgery who receives laboratory results generated by an 1 25 employer's drug or alcohol testing program and who interprets 1 26 and evaluates an individual's confirmed positive test result, 1 27 along with the individual's medical history and any other 1 28 relevant biomedical information, consistent with the mandatory 1 29 guidelines for federal workplace drug testing programs. 1 30 Sec. 3. Section 730.5, subsection 7, paragraph c, 1 31 subparagraph (2), Code 1999, is amended to read as follows: 1 32 (2) An employee or prospective employee shall be provided 1 33 an opportunity to provide any information which may be 1 34 considered relevant to the test, including identification of 1 35 prescription or nonprescription drugs currently or recently 2 1 used, or other relevant medical information.To assist an2 2employee or prospective employee in providing the information2 3described in this subparagraph, the employer shall provide an2 4employee or prospective employee with a list of the drugs to2 5be tested.2 6 Sec. 4. Section 730.5, subsection 7, paragraph g, Code 2 7 1999, is amended to read as follows: 2 8 g. A medical review officer shall, prior to the results 2 9 being reported to an employer, review and interpret any 2 10 confirmed positive test results, including both quantitative 2 11 and qualitative test results, to ensure that the chain of 2 12 custody is complete and sufficient on its face and that any 2 13 information provided by the individual pursuant to paragraph 2 14 "c", subparagraph (2), is considered. An employee testing 2 15 compliance officer may assist a medical review officer in 2 16 conducting the review required by this paragraph. 2 17 Sec. 5. Section 730.5, subsection 7, paragraph h, Code 2 18 1999, is amended to read as follows: 2 19 h. In conducting drug or alcohol testing pursuant to this 2 20 section, the laboratory, the medical review officer, an 2 21 employee testing compliance officer, if applicable, and the 2 22 employer shall ensure, to the extent feasible, that the 2 23 testing only measure, and the records concerning the testing 2 24 only show or make use of information regarding, alcohol or 2 25 drugs in the body. 2 26 Sec. 6. Section 730.5, subsection 9, paragraph b, Code 2 27 1999, is amended to read as follows: 2 28 b. The employer's written policy shallprovide uniform2 29requirements for what disciplinary or rehabilitativeidentify 2 30 the actions an employershallmay take against an employee or 2 31 prospective employee upon receipt of a confirmed positive drug 2 32 or alcohol test result or upon the refusal of the employee or 2 33 prospective employee to provide a testing sample.The policy2 34shall provide that any action taken against an employee or2 35prospective employee shall be based only on the results of the3 1drug or alcohol test.The written policy shall also provide 3 2 that if rehabilitation is required pursuant to paragraph "g", 3 3 the employer shall not take adverse employment action against 3 4 the employee so long as the employee complies with the 3 5 requirements of rehabilitation and successfully completes 3 6 rehabilitation. 3 7 Sec. 7. Section 730.5, subsection 9, paragraph c, 3 8 subparagraph (2), Code 1999, is amended to read as follows: 3 9 (2) If an employer does not have an employee assistance 3 10 program, the employer must maintain a resource file of 3 11employee assistance services providers,alcohol and other drug 3 12 abuse programs certified by the Iowa department of public 3 13 health, mental health providers, and other persons, entities, 3 14 or organizations available to assist employees with personal 3 15 or behavioral problems. The employer shall provide all 3 16 employees information about the existence of the resource file 3 17 and a summary of the information contained within the resource 3 18 file. The summary should contain, but need not be limited to, 3 19 all information necessary to access the services listed in the 3 20 resource file.In addition, the employer shall post in3 21conspicuous places a listing of multiple employee assistance3 22providers in the area.3 23 Sec. 8. Section 730.5, subsection 9, paragraph g, 3 24 unnumbered paragraph 1, Code 1999, is amended to read as 3 25 follows: 3 26 Upon receipt of a confirmed positive alcohol test which 3 27 indicates an alcohol concentration greater than the 3 28 concentration level established by the employer pursuant to 3 29 this sectionbut less than the concentration level in section3 30321J.2 for operating while under the influence of alcohol, and 3 31 if the employer has at least fifty employees, and if the 3 32 employee has been employed by the employer for at least twelve 3 33 of the preceding eighteen months, and if rehabilitation is 3 34 agreed upon by the employee, and if the employee has not 3 35 previously violated the employer's substance abuse prevention 4 1 policy pursuant to this section, the written policy shall 4 2 provide for the rehabilitation of the employee pursuant to 4 3 subsection 10, paragraph "a", subparagraph (1), and the 4 4 apportionment of the costs of rehabilitation as provided by 4 5 this paragraph. 4 6 Sec. 9. Section 730.5, subsection 9, paragraph h, Code 4 7 1999, is amended to read as follows: 4 8 h. In order to conduct drug or alcohol testing under this 4 9 section, an employer shall require supervisory personnel of 4 10 the employer involved with drug or alcohol testing under this 4 11 section to attend a minimum of two hours of initial training 4 12 and to attend, on an annual basis thereafter, a minimum of one 4 13 hour of subsequent training. The training shall include, but 4 14 is not limited to, information concerning the recognition of 4 15 evidence of employee alcohol and other drug abuse, the 4 16 documentation and corroboration of employee alcohol and other 4 17 drug abuse, and the referral of employees who abuse alcohol or 4 18 other drugs to the employee assistance program or to the 4 19 resource fileof employee assistance services providers4 20 maintained by the employer pursuant to paragraph "c", 4 21 subparagraph (2). 4 22 Sec. 10. Section 730.5, subsection 13, paragraph b, Code 4 23 1999, is amended to read as follows: 4 24 b. An employee, or a prospective employee, who is the 4 25 subject of a drug or alcohol test conducted under this section 4 26 pursuant to an employer's written policy and for whom a 4 27 confirmed positive test result is reported shall, upon written 4 28 request, have access to any records relating to the employee's 4 29 drug or alcohol test, including records of the laboratory 4 30 where the testing was conducted and any records relating to 4 31 the results of any relevant certification or review by a 4 32 medical review officer or an employee testing compliance 4 33 officer, if applicable. However, a prospective employee shall 4 34 be entitled to records under this paragraph only if the 4 35 prospective employee requests the records within fifteen 5 1 calendar days from the date the employer provided the 5 2 prospective employee written notice of the results of a drug 5 3 or alcohol test as provided in subsection 7, paragraph "i", 5 4 subparagraph (2). 5 5 Sec. 11. Section 730.5, subsection 13, paragraph c, Code 5 6 1999, is amended to read as follows: 5 7 c. Except as provided by this section and as necessary to 5 8 conduct drug or alcohol testing under this section and to file 5 9 a report pursuant to subsection 16, a laboratory, an employee 5 10 testing compliance officer, and a medical review officer 5 11 conducting drug or alcohol testing under this section shall 5 12 not use or disclose to any person any personally identifiable 5 13 information regarding such testing, including the names of 5 14 individuals tested, even if unaccompanied by the results of 5 15 the test. 5 16 Sec. 12. Section 730.5, subsection 14, paragraph a, Code 5 17 1999, is amended to read as follows: 5 18 a. Any laboratory, employee testing compliance officer, or 5 19 medical review officer which discloses information in 5 20 violation of the provisions of subsection 7, paragraph "h" or 5 21 "k", or any employer who, through the selection process 5 22 described in subsection 1, paragraph "k", improperly targets 5 23 or exempts employees subject to unannounced drug or alcohol 5 24 testing, shall be subject to a civil penalty of one thousand 5 25 dollars for each violation. The attorney general or the 5 26 attorney general's designee may maintain a civil action to 5 27 enforce this subsection. Any civil penalty recovered shall be 5 28 deposited in the general fund of the state. 5 29 Sec. 13. Section 730.5, subsection 14, paragraph b, Code 5 30 1999, is amended to read as follows: 5 31 b. A laboratory, employee testing compliance officer, or 5 32 medical review officer involved in the conducting of a drug or 5 33 alcohol test pursuant to this section shall be deemed to have 5 34 the necessary contact with this state for the purpose of 5 35 subjecting the laboratory, employee testing compliance 6 1 officer, or medical review officer to the jurisdiction of the 6 2 courts of this state. 6 3 EXPLANATION 6 4 This bill makes changes to the Code section governing drug 6 5 and alcohol testing of private sector employees and 6 6 prospective employees. 6 7 The bill adds a definition for an employee assistance 6 8 program for purposes related to private sector drug and 6 9 alcohol testing. The new definition specifies the scope of 6 10 such a program and that the program is established by a 6 11 particular employer or union. The bill further eliminates the 6 12 requirement that an employer provide employees with lists of 6 13 employee assistance program providers if the employer does not 6 14 have such a program. 6 15 The bill redefines "medical review officer" as a licensed 6 16 physician who receives and reviews reports generated by an 6 17 employer drug or alcohol test consistent with federal drug 6 18 testing guidelines. Current law permits, in addition to a 6 19 licensed physician, an osteopathic physician, chiropractor, 6 20 nurse practitioner, or physician assistant to act as a medical 6 21 review officer. 6 22 The bill adds a definition of an employee testing 6 23 compliance officer and indicates that this officer can assist 6 24 a medical review officer in evaluating and reviewing drug or 6 25 alcohol test results. An employee testing compliance officer 6 26 is defined to include a licensed chiropractor, nurse 6 27 practitioner, or physician assistant who can perform tasks 6 28 related to review of drug or alcohol tests as delegated by a 6 29 medical review officer. Nondisclosure requirements applicable 6 30 to medical review officers are also made applicable to these 6 31 compliance officers. 6 32 The bill eliminates the requirement that employers inform 6 33 employees and prospective employees what drugs will be tested 6 34 in any particular drug test. 6 35 The bill eliminates the requirement that the employer's 7 1 written policy shall provide for uniform requirements for what 7 2 actions an employer shall take upon receipt of a positive test 7 3 result. The bill also eliminates the requirement that actions 7 4 taken against an employee or prospective employee be based 7 5 only on the results of the drug or alcohol test. 7 6 This bill also provides that an employer shall provide an 7 7 employee with rehabilitation following a positive alcohol test 7 8 with an alcohol concentration level in violation of the 7 9 employer's policy if the employer has at least 50 employees, 7 10 the employee has worked for the employer at least 12 of the 7 11 previous 18 months, and the employee has not previously 7 12 violated the employer's substance abuse policy. Current law 7 13 requires rehabilitation for a first-time positive alcohol test 7 14 only if the concentration level is lower than the level 7 15 established in Code section 321J.2 for operating while under 7 16 the influence. 7 17 LSB 2668SC 78 7 18 ec/cf/24.1
Text: SSB01179 Text: SSB01181 Text: SSB01100 - SSB01199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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