Senate File 361 - Reprinted SENATE FILE 361 BY COMMITTEE ON LABOR AND BUSINESS RELATIONS (SUCCESSOR TO SSB 1055) (As Amended and Passed by the Senate March 17, 2021 ) 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 SF 361 (3) 89 je/rn/mb

S.F. 361 Section 1. Section 730.5, subsection 1, paragraph j, Code 1 2021, is amended to read as follows: 2 j. “Safety-sensitive position” means a job position 3 designated by the employer as one wherein an accident could 4 cause loss of human life, serious bodily injury, or significant 5 property or environmental damage, including a job with duties 6 that include immediate supervision of a person in a job that 7 meets the requirement of this paragraph. 8 Sec. 2. Section 730.5, subsection 7, paragraph j, 9 subparagraph (1), Code 2021, is amended to read as follows: 10 (1) If a confirmed positive test result for drugs or 11 alcohol for a current employee is reported to the employer 12 by the medical review officer, the employer shall notify 13 the employee in writing by certified mail, return receipt 14 requested, of the results of the test, the employee’s right 15 to request and obtain a confirmatory test of the second 16 sample collected pursuant to paragraph “b” at an approved 17 laboratory of the employee’s choice, and the fee payable by 18 the employee to the employer for reimbursement of expenses 19 concerning the test. The fee charged an employee shall be an 20 amount that represents the costs associated with conducting 21 the second confirmatory test, which shall be consistent with 22 the employer’s cost for conducting the initial confirmatory 23 test on an employee’s sample. If the employee, in person 24 or by certified mail, return receipt requested, requests a 25 second confirmatory test, identifies an approved laboratory to 26 conduct the test, and pays the employer the fee for the test 27 within seven days from the date the employer mails by certified 28 mail, return receipt requested, the written notice to the 29 employee of the employee’s right to request a test, a second 30 confirmatory test shall be conducted at the laboratory chosen 31 by the employee. The results of the second confirmatory test 32 shall be reported to the medical review officer who reviewed 33 the initial confirmatory test results and the medical review 34 officer shall review the results and issue a report to the 35 -1- SF 361 (3) 89 je/rn/mb 1/ 3

S.F. 361 employer on whether the results of the second confirmatory test 1 confirmed the initial confirmatory test as to the presence of 2 a specific drug or alcohol. If the results of the second test 3 do not confirm the results of the initial confirmatory test, 4 the employer shall reimburse the employee for the fee paid by 5 the employee for the second test and the initial confirmatory 6 test shall not be considered a confirmed positive test result 7 for drugs or alcohol for purposes of taking disciplinary action 8 pursuant to subsection 10. In lieu of certified mail, return 9 receipt requested, an employer may offer an employee the option 10 to receive notifications and make requests as provided in this 11 subparagraph by in-person exchange of written materials or by 12 electronic notification. The employee may choose to receive 13 notifications and make requests by one of these methods or may 14 choose to receive notifications and make requests by certified 15 mail, return receipt requested. 16 Sec. 3. Section 730.5, subsection 9, paragraph a, Code 2021, 17 is amended by adding the following new subparagraph: 18 NEW SUBPARAGRAPH . (5) In lieu of certified mail, return 19 receipt requested, an employer may offer an employee, 20 prospective employee, or parent of a minor who is an employee 21 or prospective employee the option to receive copies and 22 notices as provided in subparagraph (1) or (2) by in-person 23 exchange of written materials or by electronic notification. 24 The employee, prospective employee, or parent of a minor who 25 is an employee or prospective employee may choose to receive 26 copies and notices by one of these methods or may choose to 27 receive copies and notices by certified mail, return receipt 28 requested. 29 Sec. 4. Section 730.5, subsection 15, Code 2021, is amended 30 to read as follows: 31 15. Civil remedies. 32 a. This section may be enforced through a civil action. 33 (1) a. A person who violates this section or who aids 34 in the violation of this section is liable to an aggrieved 35 -2- SF 361 (3) 89 je/rn/mb 2/ 3

S.F. 361 employee or prospective employee for affirmative relief 1 including reinstatement or hiring, with or without back pay, 2 or any other equitable relief as the court deems appropriate 3 including reasonable attorney fees and court costs. An 4 aggrieved employee or prospective employee has the burden of 5 proving by a preponderance of the evidence that a violation of 6 this section directly caused any damages for which affirmative 7 relief is sought. 8 (2) b. When a person commits, is committing, or proposes to 9 commit, an act in violation of this section , an injunction may 10 be granted through an action in district court to prohibit the 11 person from continuing such acts. The action for injunctive 12 relief may be brought by an aggrieved employee or prospective 13 employee, the county attorney, or the attorney general. 14 b. In an action brought under this subsection alleging that 15 an employer has required or requested a drug or alcohol test 16 in violation of this section , the employer has the burden of 17 proving that the requirements of this section were met. 18 -3- SF 361 (3) 89 je/rn/mb 3/ 3