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Senate File 319 - IntroducedA Bill ForAn Act 1concerning private sector employee drug testing.
2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 730.5, subsection 1, paragraph j, Code
22023, is amended to read as follows:
3j. “Safety-sensitive position” means a job position
4designated by the employer as one wherein an accident could
5cause loss of human life, serious bodily injury, or significant
6property or environmental damage, including a job with duties
7that include immediate supervision of a person in a job that
8meets the requirement of this paragraph.
9 Sec. 2. Section 730.5, subsection 7, paragraph j,
10subparagraph (1), Code 2023, is amended to read as follows:
11(1) If a confirmed positive test result for drugs or
12alcohol for a current employee is reported to the employer
13by the medical review officer, the employer shall notify
14the employee in writing by certified mail, return receipt
15requested, of the results of the test, the employee’s right
16to request and obtain a confirmatory test of the second
17sample collected pursuant to paragraph “b” at an approved
18laboratory of the employee’s choice, and the fee payable by
19the employee to the employer for reimbursement of expenses
20concerning the test. The fee charged an employee shall be an
21amount that represents the costs associated with conducting
22the second confirmatory test, which shall be consistent with
23the employer’s cost for conducting the initial confirmatory
24test on an employee’s sample. If the employee, in person
25or by certified mail, return receipt requested, requests a
26second confirmatory test, identifies an approved laboratory to
27conduct the test, and pays the employer the fee for the test
28within seven days from the date the employer mails by certified
29mail, return receipt requested, the written notice to the
30employee of the employee’s right to request a test, a second
31confirmatory test shall be conducted at the laboratory chosen
32by the employee. The results of the second confirmatory test
33shall be reported to the medical review officer who reviewed
34the initial confirmatory test results and the medical review
35officer shall review the results and issue a report to the
-1-1employer on whether the results of the second confirmatory test
2confirmed the initial confirmatory test as to the presence of
3a specific drug or alcohol. If the results of the second test
4do not confirm the results of the initial confirmatory test,
5the employer shall reimburse the employee for the fee paid by
6the employee for the second test and the initial confirmatory
7test shall not be considered a confirmed positive test result
8for drugs or alcohol for purposes of taking disciplinary action
9pursuant to subsection 10. In lieu of certified mail, return
10receipt requested, an employer may offer an employee the option
11to receive notifications and make requests as provided in this
12subparagraph by in-person exchange of written materials or by
13electronic notification. The employee may choose to receive
14notifications and make requests by one of these methods or by
15certified mail, return receipt requested.
16 Sec. 3. Section 730.5, subsection 9, paragraph a, Code 2023,
17is amended by adding the following new subparagraph:
18 NEW SUBPARAGRAPH. (5) In lieu of certified mail, return
19receipt requested, an employer may offer an employee,
20prospective employee, or parent of a minor who is an employee
21or prospective employee the option to receive copies and
22notices as provided in subparagraph (1) or (2) by in-person
23exchange of written materials or by electronic notification.
24The employee, prospective employee, or parent of a minor who
25is an employee or prospective employee may choose to receive
26copies and notices by one of these methods or by certified
27mail, return receipt requested.
28 Sec. 4. Section 730.5, subsection 15, Code 2023, is amended
29to read as follows:
3015. Civil remedies.
31a. This section may be enforced through a civil action.
32(1) b. A person An employer who violates this section
33or who aids in the violation of this section is liable to an
34aggrieved employee or prospective employee for affirmative
35relief including reinstatement or hiring, with or without
-2-1back pay, or any other equitable relief as the court deems
2appropriate including reasonable attorney fees and court costs.
3An aggrieved employee or prospective employee has the burden of
4proving by a preponderance of the evidence that a violation of
5this section directly caused any damages for which affirmative
6relief is sought.
7(2) c. When a person an employer commits, is committing,
8or proposes to commit, an act in violation of this section, an
9injunction may be granted through an action in district court
10to prohibit the person from continuing such acts. The action
11for injunctive relief may be brought by an aggrieved employee
12or prospective employee, the county attorney, or the attorney
13general.
14b. In an action brought under this subsection alleging that
15an employer has required or requested a drug or alcohol test
16in violation of this section, the employer has the burden of
17proving that the requirements of this section were met.
18EXPLANATION
19The inclusion of this explanation does not constitute agreement with
20the explanation’s substance by the members of the general assembly.
21This bill relates to Code section 730.5, concerning private
22sector employee drug testing.
23Under current law, “safety-sensitive position”, for purposes
24of Code section 730.5, is defined as a job wherein an accident
25could cause loss of human life, serious bodily injury, or
26significant property or environmental damage, including a job
27with duties that include immediate supervision of a person
28in a safety-sensitive position. The bill provides that the
29definition applies to positions designated as safety sensitive
30positions by the employer.
31The bill provides that specified communications required
32under current law to be provided by certified mail, return
33receipt requested, can also be provided in person or by
34electronic notification if an employee or prospective employee
35so chooses.
-3- 1The bill modifies language providing that a person violating
2Code section 730.5 can be subject to civil remedies to instead
3provide that an employer violating Code section 730.5 can be
4subject to civil remedies.
5The bill provides that attorney fees awarded to an aggrieved
6employee or prospective employee as part of affirmative relief
7in a civil action for a violation of Code section 730.5 must
8be reasonable. In such an action, the bill provides that an
9aggrieved employee or prospective employee has the burden of
10proving by a preponderance of the evidence that a violation
11of Code section 730.5 directly caused any damages for which
12affirmative relief is sought.
13The bill strikes language providing that in a legal action
14alleging that an employer has required or requested a drug or
15alcohol test in violation of Code section 730.5, the employer
16has the burden of proving that the requirements of Code section
17730.5 were met.
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2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 730.5, subsection 1, paragraph j, Code
22023, is amended to read as follows:
3j. “Safety-sensitive position” means a job position
4designated by the employer as one wherein an accident could
5cause loss of human life, serious bodily injury, or significant
6property or environmental damage, including a job with duties
7that include immediate supervision of a person in a job that
8meets the requirement of this paragraph.
9 Sec. 2. Section 730.5, subsection 7, paragraph j,
10subparagraph (1), Code 2023, is amended to read as follows:
11(1) If a confirmed positive test result for drugs or
12alcohol for a current employee is reported to the employer
13by the medical review officer, the employer shall notify
14the employee in writing by certified mail, return receipt
15requested, of the results of the test, the employee’s right
16to request and obtain a confirmatory test of the second
17sample collected pursuant to paragraph “b” at an approved
18laboratory of the employee’s choice, and the fee payable by
19the employee to the employer for reimbursement of expenses
20concerning the test. The fee charged an employee shall be an
21amount that represents the costs associated with conducting
22the second confirmatory test, which shall be consistent with
23the employer’s cost for conducting the initial confirmatory
24test on an employee’s sample. If the employee, in person
25or by certified mail, return receipt requested, requests a
26second confirmatory test, identifies an approved laboratory to
27conduct the test, and pays the employer the fee for the test
28within seven days from the date the employer mails by certified
29mail, return receipt requested, the written notice to the
30employee of the employee’s right to request a test, a second
31confirmatory test shall be conducted at the laboratory chosen
32by the employee. The results of the second confirmatory test
33shall be reported to the medical review officer who reviewed
34the initial confirmatory test results and the medical review
35officer shall review the results and issue a report to the
-1-1employer on whether the results of the second confirmatory test
2confirmed the initial confirmatory test as to the presence of
3a specific drug or alcohol. If the results of the second test
4do not confirm the results of the initial confirmatory test,
5the employer shall reimburse the employee for the fee paid by
6the employee for the second test and the initial confirmatory
7test shall not be considered a confirmed positive test result
8for drugs or alcohol for purposes of taking disciplinary action
9pursuant to subsection 10. In lieu of certified mail, return
10receipt requested, an employer may offer an employee the option
11to receive notifications and make requests as provided in this
12subparagraph by in-person exchange of written materials or by
13electronic notification. The employee may choose to receive
14notifications and make requests by one of these methods or by
15certified mail, return receipt requested.
16 Sec. 3. Section 730.5, subsection 9, paragraph a, Code 2023,
17is amended by adding the following new subparagraph:
18 NEW SUBPARAGRAPH. (5) In lieu of certified mail, return
19receipt requested, an employer may offer an employee,
20prospective employee, or parent of a minor who is an employee
21or prospective employee the option to receive copies and
22notices as provided in subparagraph (1) or (2) by in-person
23exchange of written materials or by electronic notification.
24The employee, prospective employee, or parent of a minor who
25is an employee or prospective employee may choose to receive
26copies and notices by one of these methods or by certified
27mail, return receipt requested.
28 Sec. 4. Section 730.5, subsection 15, Code 2023, is amended
29to read as follows:
3015. Civil remedies.
31a. This section may be enforced through a civil action.
32(1) b. A person An employer who violates this section
33or who aids in the violation of this section is liable to an
34aggrieved employee or prospective employee for affirmative
35relief including reinstatement or hiring, with or without
-2-1back pay, or any other equitable relief as the court deems
2appropriate including reasonable attorney fees and court costs.
3An aggrieved employee or prospective employee has the burden of
4proving by a preponderance of the evidence that a violation of
5this section directly caused any damages for which affirmative
6relief is sought.
7(2) c. When a person an employer commits, is committing,
8or proposes to commit, an act in violation of this section, an
9injunction may be granted through an action in district court
10to prohibit the person from continuing such acts. The action
11for injunctive relief may be brought by an aggrieved employee
12or prospective employee, the county attorney, or the attorney
13general.
14b. In an action brought under this subsection alleging that
15an employer has required or requested a drug or alcohol test
16in violation of this section, the employer has the burden of
17proving that the requirements of this section were met.
18EXPLANATION
19The inclusion of this explanation does not constitute agreement with
20the explanation’s substance by the members of the general assembly.
21This bill relates to Code section 730.5, concerning private
22sector employee drug testing.
23Under current law, “safety-sensitive position”, for purposes
24of Code section 730.5, is defined as a job wherein an accident
25could cause loss of human life, serious bodily injury, or
26significant property or environmental damage, including a job
27with duties that include immediate supervision of a person
28in a safety-sensitive position. The bill provides that the
29definition applies to positions designated as safety sensitive
30positions by the employer.
31The bill provides that specified communications required
32under current law to be provided by certified mail, return
33receipt requested, can also be provided in person or by
34electronic notification if an employee or prospective employee
35so chooses.
-3- 1The bill modifies language providing that a person violating
2Code section 730.5 can be subject to civil remedies to instead
3provide that an employer violating Code section 730.5 can be
4subject to civil remedies.
5The bill provides that attorney fees awarded to an aggrieved
6employee or prospective employee as part of affirmative relief
7in a civil action for a violation of Code section 730.5 must
8be reasonable. In such an action, the bill provides that an
9aggrieved employee or prospective employee has the burden of
10proving by a preponderance of the evidence that a violation
11of Code section 730.5 directly caused any damages for which
12affirmative relief is sought.
13The bill strikes language providing that in a legal action
14alleging that an employer has required or requested a drug or
15alcohol test in violation of Code section 730.5, the employer
16has the burden of proving that the requirements of Code section
17730.5 were met.
-4-je/rn