Iowa-2023-HSB179-Introduced

H.F. _____ Section 1. Section 730.5, subsection 1, paragraph j, Code 1 2023, 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 2023, 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- LSB 1895YC (2) 90 je/rn 1/ 4

H.F. _____ 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 by 14 certified mail, return receipt requested. 15 Sec. 3. Section 730.5, subsection 9, paragraph a, Code 2023, 16 is amended by adding the following new subparagraph: 17 NEW SUBPARAGRAPH . (5) In lieu of certified mail, return 18 receipt requested, an employer may offer an employee, 19 prospective employee, or parent of a minor who is an employee 20 or prospective employee the option to receive copies and 21 notices as provided in subparagraph (1) or (2) by in-person 22 exchange of written materials or by electronic notification. 23 The employee, prospective employee, or parent of a minor who 24 is an employee or prospective employee may choose to receive 25 copies and notices by one of these methods or by certified 26 mail, return receipt requested. 27 Sec. 4. Section 730.5, subsection 15, Code 2023, is amended 28 to read as follows: 29 15. Civil remedies. 30 a. This section may be enforced through a civil action. 31 (1) b. A person An employer who violates this section 32 or who aids in the violation of this section is liable to an 33 aggrieved employee or prospective employee for affirmative 34 relief including reinstatement or hiring, with or without 35 -2- LSB 1895YC (2) 90 je/rn 2/ 4

H.F. _____ back pay, or any other equitable relief as the court deems 1 appropriate including reasonable attorney fees and court costs. 2 An aggrieved employee or prospective employee has the burden of 3 proving by a preponderance of the evidence that a violation of 4 this section directly caused any damages for which affirmative 5 relief is sought. 6 (2) c. When a person an employer commits, is committing, 7 or proposes to commit, an act in violation of this section , an 8 injunction may be granted through an action in district court 9 to prohibit the person from continuing such acts. The action 10 for injunctive relief may be brought by an aggrieved employee 11 or prospective employee, the county attorney, or the attorney 12 general. 13 b. In an action brought under this subsection alleging that 14 an employer has required or requested a drug or alcohol test 15 in violation of this section , the employer has the burden of 16 proving that the requirements of this section were met. 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanation’s substance by the members of the general assembly. 20 This bill relates to Code section 730.5, concerning private 21 sector employee drug testing. 22 Under current law, “safety-sensitive position”, for purposes 23 of Code section 730.5, is defined as a job wherein an accident 24 could cause loss of human life, serious bodily injury, or 25 significant property or environmental damage, including a job 26 with duties that include immediate supervision of a person 27 in a safety-sensitive position. The bill provides that the 28 definition applies to positions designated as safety sensitive 29 positions by the employer. 30 The bill provides that specified communications required 31 under current law to be provided by certified mail, return 32 receipt requested, can also be provided in person or by 33 electronic notification if an employee or prospective employee 34 so chooses. 35 -3- LSB 1895YC (2) 90 je/rn 3/ 4

H.F. _____ The bill modifies language providing that a person violating 1 Code section 730.5 can be subject to civil remedies to instead 2 provide that an employer violating Code section 730.5 can be 3 subject to civil remedies. 4 The bill provides that attorney fees awarded to an aggrieved 5 employee or prospective employee as part of affirmative relief 6 in a civil action for a violation of Code section 730.5 must 7 be reasonable. In such an action, the bill provides that an 8 aggrieved employee or prospective employee has the burden of 9 proving by a preponderance of the evidence that a violation 10 of Code section 730.5 directly caused any damages for which 11 affirmative relief is sought. 12 The bill strikes language providing that in a legal action 13 alleging that an employer has required or requested a drug or 14 alcohol test in violation of Code section 730.5, the employer 15 has the burden of proving that the requirements of Code section 16 730.5 were met. 17 -4- LSB 1895YC (2) 90 je/rn 4/ 4