Bill Text: IA HSB248 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act concerning private sector employee drug testing.(See HF 748.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2021-03-04 - Committee report approving bill, renumbered as HF 748. [HSB248 Detail]
Download: Iowa-2021-HSB248-Introduced.html
House
Study
Bill
248
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
LABOR
BILL
BY
CHAIRPERSON
DEYOE)
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
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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
the
13
employee
in
writing
delivered
in
person,
by
certified
mail,
14
return
receipt
requested,
or
by
electronic
notification
of
15
the
results
of
the
test,
the
employee’s
right
to
request
and
16
obtain
a
confirmatory
test
of
the
second
sample
collected
17
pursuant
to
paragraph
“b”
at
an
approved
laboratory
of
the
18
employee’s
choice,
and
the
fee
payable
by
the
employee
to
the
19
employer
for
reimbursement
of
expenses
concerning
the
test.
20
The
fee
charged
an
employee
shall
be
an
amount
that
represents
21
the
costs
associated
with
conducting
the
second
confirmatory
22
test,
which
shall
be
consistent
with
the
employer’s
cost
for
23
conducting
the
initial
confirmatory
test
on
an
employee’s
24
sample.
If
the
employee,
in
person
,
or
by
certified
mail,
25
return
receipt
requested,
or
by
electronic
notification,
26
requests
a
second
confirmatory
test,
identifies
an
approved
27
laboratory
to
conduct
the
test,
and
pays
the
employer
the
fee
28
for
the
test
within
seven
days
from
the
date
the
employer
29
delivers
in
person,
mails
by
certified
mail,
return
receipt
30
requested,
or
delivers
electronically
the
written
notice
to
the
31
employee
of
the
employee’s
right
to
request
a
test,
a
second
32
confirmatory
test
shall
be
conducted
at
the
laboratory
chosen
33
by
the
employee.
The
results
of
the
second
confirmatory
test
34
shall
be
reported
to
the
medical
review
officer
who
reviewed
35
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the
initial
confirmatory
test
results
and
the
medical
review
1
officer
shall
review
the
results
and
issue
a
report
to
the
2
employer
on
whether
the
results
of
the
second
confirmatory
test
3
confirmed
the
initial
confirmatory
test
as
to
the
presence
of
4
a
specific
drug
or
alcohol.
If
the
results
of
the
second
test
5
do
not
confirm
the
results
of
the
initial
confirmatory
test,
6
the
employer
shall
reimburse
the
employee
for
the
fee
paid
by
7
the
employee
for
the
second
test
and
the
initial
confirmatory
8
test
shall
not
be
considered
a
confirmed
positive
test
result
9
for
drugs
or
alcohol
for
purposes
of
taking
disciplinary
action
10
pursuant
to
subsection
10
.
11
Sec.
3.
Section
730.5,
subsection
9,
paragraph
a,
12
subparagraphs
(1)
and
(2),
Code
2021,
are
amended
to
read
as
13
follows:
14
(1)
Drug
or
alcohol
testing
or
retesting
by
an
employer
15
shall
be
carried
out
within
the
terms
of
a
written
policy
which
16
has
been
provided
to
every
employee
subject
to
testing,
and
is
17
available
for
review
by
employees
and
prospective
employees.
18
If
an
employee
or
prospective
employee
is
a
minor,
the
employer
19
shall
provide
a
copy
of
the
written
policy
to
a
parent
of
the
20
employee
or
prospective
employee
and
shall
obtain
a
receipt
or
21
acknowledgment
from
the
parent
that
a
copy
of
the
policy
has
22
been
received.
Providing
a
copy
of
the
written
policy
to
a
23
parent
or
minor
in
person,
by
certified
mail,
return
receipt
24
requested,
or
by
electronic
notification
shall
satisfy
the
25
requirements
of
this
subparagraph.
26
(2)
In
addition,
the
written
policy
shall
provide
that
any
27
notice
required
by
subsection
7
,
paragraph
“j”
,
to
be
provided
28
to
an
individual
pursuant
to
a
drug
or
alcohol
test
conducted
29
pursuant
to
this
section
,
shall
also
be
provided
to
the
parent
30
of
the
individual
in
person,
by
certified
mail,
return
receipt
31
requested,
or
by
electronic
notification
if
the
individual
32
tested
is
a
minor.
33
Sec.
4.
Section
730.5,
subsection
15,
Code
2021,
is
amended
34
to
read
as
follows:
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15.
Civil
remedies.
1
a.
This
section
may
be
enforced
through
a
civil
action.
2
(1)
a.
A
person
who
violates
this
section
or
who
aids
3
in
the
violation
of
this
section
is
liable
to
an
aggrieved
4
employee
or
prospective
employee
for
affirmative
relief
5
including
reinstatement
or
hiring,
with
or
without
back
pay,
6
or
any
other
equitable
relief
as
the
court
deems
appropriate
7
including
reasonable
attorney
fees
and
court
costs.
An
8
aggrieved
employee
or
prospective
employee
has
the
burden
of
9
proving
by
clear
and
convincing
evidence
that
a
violation
of
10
this
section
directly
caused
any
damages
for
which
affirmative
11
relief
is
sought.
12
(2)
b.
When
a
person
commits,
is
committing,
or
proposes
to
13
commit,
an
act
in
violation
of
this
section
,
an
injunction
may
14
be
granted
through
an
action
in
district
court
to
prohibit
the
15
person
from
continuing
such
acts.
The
action
for
injunctive
16
relief
may
be
brought
by
an
aggrieved
employee
or
prospective
17
employee,
the
county
attorney,
or
the
attorney
general.
18
b.
In
an
action
brought
under
this
subsection
alleging
that
19
an
employer
has
required
or
requested
a
drug
or
alcohol
test
20
in
violation
of
this
section
,
the
employer
has
the
burden
of
21
proving
that
the
requirements
of
this
section
were
met.
22
EXPLANATION
23
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
24
the
explanation’s
substance
by
the
members
of
the
general
assembly.
25
This
bill
relates
to
Code
section
730.5,
concerning
private
26
sector
employee
drug
testing.
27
Under
current
law,
“safety-sensitive
position”,
for
purposes
28
of
Code
section
730.5,
is
defined
as
a
job
wherein
an
accident
29
could
cause
loss
of
human
life,
serious
bodily
injury,
or
30
significant
property
or
environmental
damage,
including
a
job
31
with
duties
that
include
immediate
supervision
of
a
person
32
in
a
safety-sensitive
position.
The
bill
provides
that
the
33
definition
applies
to
positions
designated
as
safety
sensitive
34
positions
by
the
employer.
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The
bill
provides
that
various
notifications
required
under
1
current
law
to
be
provided
by
certified
mail,
return
receipt
2
requested,
can
also
be
provided
in
person
or
by
electronic
3
notification.
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
8
an
aggrieved
employee
or
prospective
employee
has
the
burden
9
of
proving
by
clear
and
convincing
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.
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