Senate File 2192 - Introduced SENATE FILE 2192 BY T. TAYLOR A BILL FOR An Act relating to employee intoxication under the workers’ 1 compensation program. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 6159XS (3) 88 je/rn

S.F. 2192 Section 1. Section 85.16, subsection 2, Code 2020, is 1 amended to read as follows: 2 2. a. By the employee’s intoxication, which did not arise 3 out of and in the course of employment but which was due 4 to the effects of alcohol or another narcotic, depressant, 5 stimulant, hallucinogenic, or hypnotic drug not prescribed by 6 an authorized medical practitioner, if the intoxication was a 7 substantial factor in causing the injury. 8 b. For the purpose of disallowing compensation under this 9 subsection , both of the following apply: 10 (1) If the employer shows that, at the time of the injury 11 or immediately following the injury, the employee had positive 12 test results reflecting the presence of alcohol, or another 13 narcotic, depressant, stimulant, hallucinogenic, or hypnotic 14 drug which drug either was not prescribed by an authorized 15 medical practitioner or was not used in accordance with the 16 prescribed use of the drug, it shall be presumed that the 17 employee was intoxicated at the time of the injury and that 18 intoxication was a substantial factor in causing the injury. 19 (2) Once the employer has made a showing as provided 20 in subparagraph (1), the burden of proof shall be on the 21 employee to overcome the presumption by establishing that the 22 employee was not intoxicated at the time of the injury, or 23 that intoxication was not a substantial factor in causing the 24 injury. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 Under current law, workers’ compensation is not allowed for 29 injury caused by an employee’s intoxication, which did not 30 arise out of and in the course of employment but which was 31 due to the effects of alcohol or certain substances, if the 32 intoxication was a substantial factor in causing the injury. 33 If the employer shows that, at the time of the injury or 34 immediately following the injury, the employee had positive 35 -1- LSB 6159XS (3) 88 je/rn 1/ 2

S.F. 2192 test results reflecting the presence of alcohol, or certain 1 other substances, it is presumed under current law that 2 the employee was intoxicated at the time of the injury and 3 that intoxication was a substantial factor in causing the 4 injury. The employee then has the burden to disprove either 5 presumption. This bill strikes both presumptions. 6 -2- LSB 6159XS (3) 88 je/rn 2/ 2