Senate Study Bill 1055 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON LABOR AND BUSINESS RELATIONS BILL BY CHAIRPERSON WHITING) A BILL FOR An Act concerning private sector employee drug testing. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 1787XC (2) 89 je/rn

S.F. _____ Section 1. Section 730.5, subsection 7, paragraph j, 1 subparagraph (1), Code 2021, is amended to read as follows: 2 (1) If a confirmed positive test result for drugs or alcohol 3 for a current employee is reported to the employer by the 4 medical review officer, the employer shall notify the employee 5 in writing delivered in person or by certified mail, return 6 receipt requested, electronic notification of the results 7 of the test, the employee’s right to request and obtain a 8 confirmatory test of the second sample collected pursuant to 9 paragraph “b” at an approved laboratory of the employee’s 10 choice, and the fee payable by the employee to the employer for 11 reimbursement of expenses concerning the test. The fee charged 12 an employee shall be an amount that represents the costs 13 associated with conducting the second confirmatory test, which 14 shall be consistent with the employer’s cost for conducting 15 the initial confirmatory test on an employee’s sample. 16 If the employee, in person or by certified mail, return 17 receipt requested electronic notification , requests a second 18 confirmatory test, identifies an approved laboratory to conduct 19 the test, and pays the employer the fee for the test within 20 seven days from the date the employer mails by certified mail, 21 return receipt requested, delivered in person or electronically 22 the written notice to the employee of the employee’s right to 23 request a test, a second confirmatory test shall be conducted 24 at the laboratory chosen by the employee. The results of the 25 second confirmatory test shall be reported to the medical 26 review officer who reviewed the initial confirmatory test 27 results and the medical review officer shall review the results 28 and issue a report to the employer on whether the results of 29 the second confirmatory test confirmed the initial confirmatory 30 test as to the presence of a specific drug or alcohol. If 31 the results of the second test do not confirm the results of 32 the initial confirmatory test, the employer shall reimburse 33 the employee for the fee paid by the employee for the second 34 test and the initial confirmatory test shall not be considered 35 -1- LSB 1787XC (2) 89 je/rn 1/ 3

S.F. _____ a confirmed positive test result for drugs or alcohol for 1 purposes of taking disciplinary action pursuant to subsection 2 10 . 3 Sec. 2. Section 730.5, subsection 9, paragraph a, 4 subparagraphs (1) and (2), Code 2021, are amended to read as 5 follows: 6 (1) Drug or alcohol testing or retesting by an employer 7 shall be carried out within the terms of a written policy which 8 has been provided to every employee subject to testing, and is 9 available for review by employees and prospective employees. 10 If an employee or prospective employee is a minor, the employer 11 shall provide a copy of the written policy to a parent of the 12 employee or prospective employee and shall obtain a receipt or 13 acknowledgment from the parent that a copy of the policy has 14 been received. Providing a copy of the written policy to a 15 parent of a minor by certified mail, return receipt requested, 16 in person or by electronic notification shall satisfy the 17 requirements of this subparagraph. 18 (2) In addition, the written policy shall provide that any 19 notice required by subsection 7 , paragraph “j” , to be provided 20 to an individual pursuant to a drug or alcohol test conducted 21 pursuant to this section , shall also be provided to the parent 22 of the individual in person or by certified mail, return 23 receipt requested, electronic notification if the individual 24 tested is a minor. 25 Sec. 3. Section 730.5, subsection 15, paragraph a, 26 subparagraph (1), Code 2021, is amended to read as follows: 27 (1) A person who violates this section or who aids in the 28 violation of this section is liable to an aggrieved employee 29 or prospective employee for affirmative relief including 30 reinstatement or hiring, with or without back pay, or any other 31 equitable relief as the court deems appropriate including 32 reasonable attorney fees and court costs. An aggrieved 33 employee or prospective employee has the burden of proving by 34 clear and convincing evidence that a violation of this section 35 -2- LSB 1787XC (2) 89 je/rn 2/ 3

S.F. _____ directly caused any damages for which affirmative relief is 1 sought. 2 EXPLANATION 3 The inclusion of this explanation does not constitute agreement with 4 the explanation’s substance by the members of the general assembly. 5 This bill relates to Code section 730.5, concerning private 6 sector employee drug testing. 7 The bill provides that various notifications required under 8 current law to be provided by certified mail, return receipt 9 requested, shall instead be provided in person or by electronic 10 notification. 11 The bill provides that attorney fees awarded to an aggrieved 12 employee or prospective employee as part of affirmative relief 13 in a civil action for a violation of Code section 730.5 must 14 be reasonable. In such an action, the bill provides that 15 an aggrieved employee or prospective employee has the burden 16 of proving by clear and convincing evidence that a violation 17 of Code section 730.5 directly caused any damages for which 18 affirmative relief is sought. 19 -3- LSB 1787XC (2) 89 je/rn 3/ 3