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Senate
File
110
-
Introduced
SENATE
FILE
110
BY
COMMITTEE
ON
WORKFORCE
(SUCCESSOR
TO
SSB
1014)
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
2025,
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
2025,
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
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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
2025,
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
2025,
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
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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.
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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.
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