Bill Text: IA SSB1055 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act concerning private sector employee drug testing.(See SF 361.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2021-02-11 - Committee report approving bill, renumbered as SF 361. [SSB1055 Detail]
Download: Iowa-2021-SSB1055-Introduced.html
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