§ 730.5

730.5 Private sector drug-free workplaces. 1. Definitions. As used in this section, unless the context otherwise requires:a. 'Alcohol' means ethanol, isopropanol, or methanol.b. 'Confirmed positive test result' means, except for alcohol testing conducted pursuant to subsection 7, paragraph 'g', subparagraph (2), the results of a hair, blood, urine, ororal fluid test in which the level of controlled substances or metabolites in the sampleanalyzed meets or exceeds nationally accepted standards for determining detectable levelsof controlled substances as adopted by the United States department of health and humanservices’ substance abuse and mental health services administration. If nationally acceptedstandards for tests on a particular specimen have not been adopted by the United Statesdepartment of health and human services’ substance abuse and mental health servicesadministration, the standards for determining detectable levels of controlled substances forpurposes of determining a confirmed positive test result shall be the same standard that hasbeen cleared or approved by the United States department of health and human services’food and drug administration for the particular

confirmed positive test result shall be the same standard that hasbeen cleared or approved by the United States department of health and human services’food and drug administration for the particular specimen testing utilized. c. 'Drug' means a substance considered a controlled substance and included in schedule I, II, III, IV, or V under the federal Controlled Substances Act, 21 U.S.C. §801 et seq. d. 'Employee' means a person in the service of an employer in this state and includes the employer, and any chief executive officer, president, vice president, supervisor, manager, andofficer of the employer who is actively involved in the day-to-day operations of the business. e. 'Employer' means a person, firm, company, corporation, labor organization, or employment agency, which has one or more full-time employees employed in the samebusiness, or in or about the same establishment, under any contract of hire, express orimplied, oral or written, in this state. 'Employer' does not include the state, a politicalsubdivision of the state, including a city, county, or school district, the United States, theUnited States postal service, or a Native American tribe. f.

oyer' does not include the state, a politicalsubdivision of the state, including a city, county, or school district, the United States, theUnited States postal service, or a Native American tribe. f. 'Good faith' means reasonable reliance on facts, or that which is held out to be factual, without the intent to be deceived, and without reckless, malicious, or negligent disregard forthe truth. g. 'Medical review officer' means a licensed physician, osteopathic physician, chiropractor, nurse practitioner, or physician assistant authorized to practice in any stateof the United States, who is responsible for receiving laboratory results generated by anemployer’s drug or alcohol testing program, and who has knowledge of substance usedisorders and has appropriate medical training to interpret and evaluate an individual’sconfirmed positive test result together with the individual’s medical history and any otherrelevant biomedical information. h. 'Prospective employee' means a person who has made application, whether written or oral, to an employer to become an employee. i. 'Reasonable suspicion drug or alcohol testing' means drug or alcohol testing based upon evidence that an employee is

ade application, whether written or oral, to an employer to become an employee. i. 'Reasonable suspicion drug or alcohol testing' means drug or alcohol testing based upon evidence that an employee is using or has used alcohol or other drugs in violation of theemployer’s written policy drawn from specific objective and articulable facts and reasonableinferences drawn from those facts in light of experience. For purposes of this paragraph,facts and inferences may be based upon, but not limited to, any of the following: (1) Observable phenomena while at work such as direct observation of alcohol or drug use or abuse or of the physical symptoms or manifestations of being impaired due to alcoholor other drug use. (2) Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance. (3) A report of alcohol or other drug use provided by a reliable and credible source.(4) Evidence that an individual has tampered with any drug or alcohol test during the individual’s employment with the current employer. (5) Evidence that an employee has caused an accident while at work which resulted in an injury to a person for which injury, if suffered by an employee,

vidual’s employment with the current employer. (5) Evidence that an employee has caused an accident while at work which resulted in an injury to a person for which injury, if suffered by an employee, a record or report could berequired under chapter 88, or resulted in damage to property, including to equipment, in anamount reasonably estimated at the time of the accident to exceed one thousand dollars. Sat Dec 23 12:33:06 2023 Iowa Code 2024, Section 730.5 (26, 2) §730.5, EMPLOYER-EMPLOYEE OFFENSES 2 (6) Evidence that an employee has manufactured, sold, distributed, solicited, possessed, used, or transferred drugs while working or while on the employer’s premises or whileoperating the employer’s vehicle, machinery, or equipment. j. 'Safety-sensitive position' means a job wherein an accident could cause loss of human life, serious bodily injury, or significant property or environmental damage, including a jobwith duties that include immediate supervision of a person in a job that meets the requirementof this paragraph. k. 'Sample' means such sample from the human body capable of revealing the presence of alcohol or other drugs, or their metabolites, which shall include only hair,

s the requirementof this paragraph. k. 'Sample' means such sample from the human body capable of revealing the presence of alcohol or other drugs, or their metabolites, which shall include only hair, urine, saliva,breath, and blood. However, 'sample' does not mean blood except as authorized pursuant tosubsection 7, paragraph 'm'. l. 'Unannounced drug or alcohol testing' means testing for the purposes of detecting drugs or alcohol which is conducted on a periodic basis, without advance notice of the test toemployees, other than employees whose duties include responsibility for administration ofthe employer’s drug or alcohol testing program, subject to testing prior to the day of testing,and without individualized suspicion. The selection of employees to be tested from the poolof employees subject to testing shall be done based on a neutral and objective selectionprocess by an entity independent from the employer and shall be made by a computer-basedrandom number generator that is matched with employees’ social security numbers, payrollidentification numbers, or other comparable identifying numbers in which each memberof the employee population subject to testing has an equal chance

d with employees’ social security numbers, payrollidentification numbers, or other comparable identifying numbers in which each memberof the employee population subject to testing has an equal chance of selection for initialtesting, regardless of whether the employee has been selected or tested previously. Therandom selection process shall be conducted through a computer program that records eachselection attempt by date, time, and employee number. 2. Applicability. This section does not apply to drug or alcohol tests conducted on employees required to be tested pursuant to federal statutes, federal regulations, or ordersissued pursuant to federal law. In addition, an employer, through its written policy, mayexclude from the pools of employees subject to unannounced drug or alcohol testingpursuant to subsection 8, paragraph 'a', employee populations required to be tested asdescribed in this subsection. 3. Testing optional. This section does not require or create a legal duty on an employer to conduct drug or alcohol testing and the requirements of this section shall not be construedto encourage, discourage, restrict, limit, prohibit, or require such testing.

a legal duty on an employer to conduct drug or alcohol testing and the requirements of this section shall not be construedto encourage, discourage, restrict, limit, prohibit, or require such testing. In addition, anemployer may implement and require drug or alcohol testing at some but not all of the worksites of the employer and the requirements of this section shall only apply to the employer andemployees who are at the work sites where drug or alcohol testing pursuant to this sectionhas been implemented. A cause of action shall not arise in favor of any person against anemployer or agent of an employer based on the failure of the employer to establish a programor policy on substance use disorder prevention or to implement any component of testing aspermitted by this section. 4. Testing as condition of employment — requirements. To the extent provided in subsection 8, an employer may test employees and prospective employees for the presenceof drugs or alcohol as a condition of continued employment or hiring. An employer shalladhere to the requirements of this section concerning the conduct of such testing and theuse and disposition of the results of such testing. 5.

ion of continued employment or hiring. An employer shalladhere to the requirements of this section concerning the conduct of such testing and theuse and disposition of the results of such testing. 5. Collection of samples. In conducting drug or alcohol testing, an employer may require the collection of samples from its employees and prospective employees, and may requirepresentation of reliable individual identification from the person being tested to the personcollecting the samples. Collection of a sample shall be in conformance with the requirementsof this section. The employer may designate the type of sample to be used for this testing. 6. Scheduling of tests.a. Drug or alcohol testing of employees conducted by an employer shall normally occur during, or immediately before or after, a regular work period. The time required for suchtesting by an employer shall be deemed work time for the purposes of compensation andbenefits for employees. Sat Dec 23 12:33:06 2023 Iowa Code 2024, Section 730.5 (26, 2) b. An employer shall pay all actual costs for drug or alcohol testing of employees and prospective employees required by the employer. c.

at Dec 23 12:33:06 2023 Iowa Code 2024, Section 730.5 (26, 2) b. An employer shall pay all actual costs for drug or alcohol testing of employees and prospective employees required by the employer. c. An employer shall provide transportation or pay reasonable transportation costs to employees if drug or alcohol sample collection is conducted at a location other than theemployee’s normal work site. 7. Testing procedures. All sample collection and testing for drugs or alcohol under this section shall be performed in accordance with the following conditions: a. The collection of samples shall be performed under sanitary conditions and with regard for the privacy of the individual from whom the sample is being obtained and in a mannerreasonably calculated to preclude contamination or substitution of the sample. If the samplecollected is hair which would entail removal of an article of clothing or urine, procedures shallbe established to provide for individual privacy in the collection of the sample unless there isa reasonable suspicion that a particular individual subject to testing may alter or substitutethe hair or urine sample to be provided, or has previously altered or substituted

e sample unless there isa reasonable suspicion that a particular individual subject to testing may alter or substitutethe hair or urine sample to be provided, or has previously altered or substituted a hair orurine sample provided pursuant to a drug or alcohol test. For purposes of this paragraph,'individual privacy' means a location at the collection site where hair collection or urinationcan occur in private, which has been secured by visual inspection to ensure that other personsare not present, which provides that undetected access to the location is not possible duringhair collection or urination, and which provides for the ability to effectively restrict accessto the location during the time the sample is provided. If an individual is providing a hair orurine sample and collection of the hair or urine sample is directly monitored or observed byanother individual, the individual who is directly monitoring or observing the collection shallbe of the same gender as the individual from whom the hair or urine sample is being collected. b. Collection of a sample for testing of current employees shall be performed so that the sample is split into two components at the time of

ual from whom the hair or urine sample is being collected. b. Collection of a sample for testing of current employees shall be performed so that the sample is split into two components at the time of collection in the presence of the individualfrom whom the sample is collected. The second portion of the sample shall be of sufficientquantity to permit a second, independent confirmatory test as provided in paragraph 'j'. Ifthe sample is urine, the sample shall be split such that the primary sample contains at leastthirty milliliters and the secondary sample contains at least fifteen milliliters. Both portionsof the sample shall be forwarded to the laboratory conducting the initial confirmatory testing.In addition to any requirements for storage of the initial sample that may be imposed upon thelaboratory as a condition for certification or approval, the laboratory shall store the secondportion of any sample until receipt of a confirmed negative test result or for a period of atleast forty-five calendar days following the completion of the initial confirmatory testing, ifthe first portion yielded a confirmed positive test result. c.

negative test result or for a period of atleast forty-five calendar days following the completion of the initial confirmatory testing, ifthe first portion yielded a confirmed positive test result. c. Sample collections shall be documented, and the procedure for documentation shall include the following: (1) Samples, except for samples collected for alcohol testing conducted pursuant to paragraph 'g', subparagraph (2), shall be labeled so as to reasonably preclude thepossibility of misidentification of the person tested in relation to the test result provided, andsamples shall be handled and tracked in a manner such that control and accountability aremaintained from initial collection to each stage in handling, testing, and storage, throughfinal disposition. (2) An employee or prospective employee shall be provided an opportunity to provide any information which may be considered relevant to the test, including identification ofprescription or nonprescription drugs currently or recently used, or other relevant medicalinformation. To assist an employee or prospective employee in providing the informationdescribed in this subparagraph, the employer shall provide an employee or

ecently used, or other relevant medicalinformation. To assist an employee or prospective employee in providing the informationdescribed in this subparagraph, the employer shall provide an employee or prospectiveemployee with a list of the drugs to be tested. d. Sample collection, storage, and transportation to the place of testing shall be performed so as to reasonably preclude the possibility of sample contamination, adulteration,or misidentification. e. Testing of a hair sample shall be limited to samples not longer than one and one-half inches. Testing of a hair sample shall be limited to the portion of the hair that was closest tothe skin. f. All confirmatory drug testing shall be conducted at a laboratory certified by the United Sat Dec 23 12:33:06 2023 Iowa Code 2024, Section 730.5 (26, 2) §730.5, EMPLOYER-EMPLOYEE OFFENSES 4 States department of health and human services’ substance abuse and mental health servicesadministration or approved under rules adopted by the department of health and humanservices. g. Drug or alcohol testing shall include confirmation of any initial positive test results.

ealth servicesadministration or approved under rules adopted by the department of health and humanservices. g. Drug or alcohol testing shall include confirmation of any initial positive test results. An employer may take adverse employment action, including refusal to hire a prospectiveemployee, based on a confirmed positive test result for drugs or alcohol. (1) For drug or alcohol testing, except for alcohol testing conducted pursuant to subparagraph (2), confirmation shall be by use of a different chemical process than wasused in the initial screen for drugs or alcohol. The confirmatory drug or alcohol test shall bea chromatographic technique such as gas chromatography/mass spectrometry, or anothercomparably reliable analytical method. (2) Notwithstanding any provision of this section to the contrary, alcohol testing, including initial and confirmatory testing, may be conducted pursuant to requirementsestablished by the employer’s written policy. The written policy shall include requirementsgoverning evidential breath testing devices, alcohol screening devices, and the qualificationsfor personnel administering initial and confirmatory testing, which shall be consistent

clude requirementsgoverning evidential breath testing devices, alcohol screening devices, and the qualificationsfor personnel administering initial and confirmatory testing, which shall be consistent withregulations adopted as of July 1, 2017, by the United States department of transportationgoverning alcohol testing required to be conducted pursuant to the federal OmnibusTransportation Employee Testing Act of 1991. (3) Notwithstanding any provision of this section to the contrary, collection of an oral fluid sample for testing shall be performed in the presence of the individual from whom the sampleis collected. The sample shall be of sufficient quantity to permit a second, independent,confirmatory test as provided in paragraph 'j'. In addition to any requirement for storageof the initial sample that may be imposed upon the laboratory as a condition for certificationor approval, the laboratory shall store the unused portion of any sample until receipt of aconfirmed negative test result or for a period of at least forty-five calendar days following thecompletion of the initial confirmatory testing, if the portion yielded a confirmed positive testresult. h.

irmed negative test result or for a period of at least forty-five calendar days following thecompletion of the initial confirmatory testing, if the portion yielded a confirmed positive testresult. h. A medical review officer shall, prior to the results being reported to an employer, review and interpret any confirmed positive test results, including both quantitative and qualitativetest results, to ensure that the chain of custody is complete and sufficient on its face and thatany information provided by the individual pursuant to paragraph 'c', subparagraph (2), isconsidered. However, this paragraph shall not apply to alcohol testing conducted pursuantto paragraph 'g', subparagraph (2). i. In conducting drug or alcohol testing pursuant to this section, the laboratory, the medical review officer, and the employer shall ensure, to the extent feasible, that the testing onlymeasures, and the records concerning the testing only show or make use of informationregarding, alcohol or drugs in the body. j. (1) If a confirmed positive test result for drugs or alcohol for a current employee is reported to the employer by the medical review officer, the employer shall notify theemployee in

in the body. j. (1) If a confirmed positive test result for drugs or alcohol for a current employee is reported to the employer by the medical review officer, the employer shall notify theemployee in writing by certified mail, return receipt requested, of the results of the test, theemployee’s right to request and obtain a confirmatory test of the second sample collectedpursuant to paragraph 'b' at an approved laboratory of the employee’s choice, and the feepayable by the employee to the employer for reimbursement of expenses concerning thetest. The fee charged an employee shall be an amount that represents the costs associatedwith conducting the second confirmatory test, which shall be consistent with the employer’scost for conducting the initial confirmatory test on an employee’s sample. If the employee,in person or by certified mail, return receipt requested, requests a second confirmatory test,identifies an approved laboratory to conduct the test, and pays the employer the fee for thetest within seven days from the date the employer mails by certified mail, return receiptrequested, the written notice to the employee of the employee’s right to request a test, asecond

he fee for thetest within seven days from the date the employer mails by certified mail, return receiptrequested, the written notice to the employee of the employee’s right to request a test, asecond confirmatory test shall be conducted at the laboratory chosen by the employee. Theresults of the second confirmatory test shall be reported to the medical review officer whoreviewed the initial confirmatory test results and the medical review officer shall review theresults and issue a report to the employer on whether the results of the second confirmatorytest confirmed the initial confirmatory test as to the presence of a specific drug or alcohol. If Sat Dec 23 12:33:06 2023 Iowa Code 2024, Section 730.5 (26, 2) the results of the second test do not confirm the results of the initial confirmatory test, theemployer shall reimburse the employee for the fee paid by the employee for the second testand the initial confirmatory test shall not be considered a confirmed positive test result fordrugs or alcohol for purposes of taking disciplinary action pursuant to subsection 10. (2) If a confirmed positive test result for drugs or alcohol for a prospective employee is reported to the

lt fordrugs or alcohol for purposes of taking disciplinary action pursuant to subsection 10. (2) If a confirmed positive test result for drugs or alcohol for a prospective employee is reported to the employer by the medical review officer, the employer shall notify theprospective employee in writing of the results of the test, of the name and address of themedical review officer who made the report, and of the prospective employee’s right torequest records under subsection 13. k. A laboratory conducting testing under this section shall dispose of all samples for which a negative test result was reported to an employer within five working days after issuance ofthe negative test result report. l. Except as necessary to conduct drug or alcohol testing pursuant to this section and to submit the report required by subsection 16, a laboratory or other medical facility shall onlyreport to an employer or outside entity information relating to the results of a drug or alcoholtest conducted pursuant to this section concerning the determination of whether the testedindividual has engaged in conduct prohibited by the employer’s written policy with regard toalcohol or drug use. m.

onducted pursuant to this section concerning the determination of whether the testedindividual has engaged in conduct prohibited by the employer’s written policy with regard toalcohol or drug use. m. Notwithstanding the provisions of this subsection, an employer may rely and take action upon the results of any blood test for drugs or alcohol made on any employee involvedin an accident at work if the test is administered by or at the direction of the person providingtreatment or care to the employee without request or suggestion by the employer that a testbe conducted, and the employer has lawfully obtained the results of the test. For purposesof this paragraph, an employer shall not be deemed to have requested or required a testin conjunction with the provision of medical treatment following a workplace accident byproviding information concerning the circumstance of the accident. 8. Drug or alcohol testing. Employers may conduct drug or alcohol testing as provided in this subsection: a. Employers may conduct unannounced drug or alcohol testing of employees who are selected from any of the following pools of employees: (1) The entire employee population at a particular work site of

. Employers may conduct unannounced drug or alcohol testing of employees who are selected from any of the following pools of employees: (1) The entire employee population at a particular work site of the employer except for employees not subject to testing pursuant to a collective bargaining agreement, or employeeswho are not scheduled to be at work at the time the testing is conducted because of the statusof the employees or who have been excused from work pursuant to the employer’s workpolicy prior to the time the testing is announced to employees. (2) The entire full-time active employee population at a particular work site except for employees not subject to testing pursuant to a collective bargaining agreement, or employeeswho are not scheduled to be at work at the time the testing is to be conducted because ofthe status of the employee or who have been excused from work pursuant to the employer’sworking policy. (3) All employees at a particular work site who are in a pool of employees in a safety-sensitive position and who are scheduled to be at work at the time testing is conducted,other than employees not subject to testing pursuant to a collective bargaining agreement,or

loyees in a safety-sensitive position and who are scheduled to be at work at the time testing is conducted,other than employees not subject to testing pursuant to a collective bargaining agreement,or employees who are not scheduled to be at work at the time the testing is to be conductedor who have been excused from work pursuant to the employer’s work policy prior to thetime the testing is announced to employees. b. Employers may conduct drug or alcohol testing of employees during, and after completion of, drug or alcohol rehabilitation. c. Employers may conduct reasonable suspicion drug or alcohol testing.d. Employers may conduct drug or alcohol testing of prospective employees.e. Employers may conduct drug or alcohol testing as required by federal law or regulation or by law enforcement. f. Employers may conduct drug or alcohol testing in investigating accidents in the workplace in which the accident resulted in an injury to a person for which injury, if sufferedby an employee, a record or report could be required under chapter 88, or resulted in Sat Dec 23 12:33:06 2023 Iowa Code 2024, Section 730.5 (26, 2) §730.5, EMPLOYER-EMPLOYEE OFFENSES 6 damage to property, including to

ecord or report could be required under chapter 88, or resulted in Sat Dec 23 12:33:06 2023 Iowa Code 2024, Section 730.5 (26, 2) §730.5, EMPLOYER-EMPLOYEE OFFENSES 6 damage to property, including to equipment, in an amount reasonably estimated at the timeof the accident to exceed one thousand dollars. g. Employers may conduct hair testing of prospective employees only.9. Written policy and other testing requirements.a. (1) Drug or alcohol testing or retesting by an employer shall be carried out within the terms of a written policy which has been provided to every employee subject to testing, and isavailable for review by employees and prospective employees. If an employee or prospectiveemployee is a minor, the employer shall provide a copy of the written policy to a parent of theemployee or prospective employee and shall obtain a receipt or acknowledgment from theparent that a copy of the policy has been received. Providing a copy of the written policy toa parent of a minor by certified mail, return receipt requested, shall satisfy the requirementsof this subparagraph. (2) In addition, the written policy shall provide that any notice required by subsection 7, paragraph 'j', to be

ed mail, return receipt requested, shall satisfy the requirementsof this subparagraph. (2) In addition, the written policy shall provide that any notice required by subsection 7, paragraph 'j', to be provided to an individual pursuant to a drug or alcohol test conductedpursuant to this section, shall also be provided to the parent of the individual by certified mail,return receipt requested, if the individual tested is a minor. (3) In providing information or notice to a parent as required by this paragraph, an employer shall rely on the information regarding the identity of a parent as provided by theminor. (4) For purposes of this paragraph, 'minor' means an individual who is under eighteen years of age and is not considered by law to be an adult, and 'parent' means one biologicalor adoptive parent, a stepparent, or a legal guardian or custodian of the minor. b. The employer’s written policy shall provide uniform requirements for what disciplinary or rehabilitative actions an employer shall take against an employee or prospective employeeupon receipt of a confirmed positive test result for drugs or alcohol or upon the refusal of theemployee or prospective employee to provide a

yer shall take against an employee or prospective employeeupon receipt of a confirmed positive test result for drugs or alcohol or upon the refusal of theemployee or prospective employee to provide a testing sample. The policy shall provide thatany action taken against an employee or prospective employee shall be based only on theresults of the drug or alcohol test. The written policy shall also provide that if rehabilitationis required pursuant to paragraph 'g', the employer shall not take adverse employmentaction against the employee so long as the employee complies with the requirements ofrehabilitation and successfully completes rehabilitation. c. Employers shall establish an awareness program to inform employees of the dangers of drug and alcohol use in the workplace and comply with the following requirements in orderto conduct drug or alcohol testing under this section: (1) If an employer has an employee assistance program, the employer must inform the employee of the benefits and services of the employee assistance program. An employer shallpost notice of the employee assistance program in conspicuous places and explore alternativeroutine and reinforcing means of

benefits and services of the employee assistance program. An employer shallpost notice of the employee assistance program in conspicuous places and explore alternativeroutine and reinforcing means of publicizing such services. In addition, the employer mustprovide the employee with notice of the policies and procedures regarding access to andutilization of the program. (2) If an employer does not have an employee assistance program, the employer must maintain a resource file of alcohol and other substance use disorder programs certified bythe department of health and human services, mental health providers, and other persons,entities, or organizations available to assist employees with personal or behavioral problems.The employer shall provide all employees information about the existence of the resource fileand a summary of the information contained within the resource file. The summary shouldcontain, but need not be limited to, all information necessary to access the services listed inthe resource file. d. An employee or prospective employee whose drug or alcohol test results are confirmed as positive in accordance with this section shall not, by virtue of those results alone,

d inthe resource file. d. An employee or prospective employee whose drug or alcohol test results are confirmed as positive in accordance with this section shall not, by virtue of those results alone, beconsidered as a person with a disability for purposes of any state or local law or regulation. e. If the written policy provides for alcohol testing, the employer shall establish in the written policy a standard for alcohol concentration which shall be deemed to violate thepolicy. The standard for alcohol concentration shall not be less than .02, expressed in termsof grams of alcohol per two hundred ten liters of breath, or its equivalent. f. An employee of an employer who is designated by the employer as being in a Sat Dec 23 12:33:06 2023 Iowa Code 2024, Section 730.5 (26, 2) safety-sensitive position shall be placed in only one pool of safety-sensitive employeessubject to drug or alcohol testing pursuant to subsection 8, paragraph 'a', subparagraph (3).An employer may have more than one pool of safety-sensitive employees subject to drugor alcohol testing pursuant to subsection 8, paragraph 'a', subparagraph (3), but shall notinclude an employee in more than one safety-sensitive

one pool of safety-sensitive employees subject to drugor alcohol testing pursuant to subsection 8, paragraph 'a', subparagraph (3), but shall notinclude an employee in more than one safety-sensitive pool. g. (1) Upon receipt of a confirmed positive alcohol test which indicates an alcohol concentration greater than the concentration level established by the employer pursuantto this section, and if the employer has at least fifty employees, and if the employee hasbeen employed by the employer for at least twelve of the preceding eighteen months, andif rehabilitation is agreed upon by the employee, and if the employee has not previouslyviolated the employer’s substance use disorder prevention policy pursuant to this section,the written policy shall provide for the rehabilitation of the employee pursuant to subsection10, paragraph 'a', subparagraph (1), and the apportionment of the costs of rehabilitation asprovided by this paragraph 'g'. (a) If the employer has an employee benefit plan, the costs of rehabilitation shall be apportioned as provided under the employee benefit plan. (b) If no employee benefit plan exists and the employee has coverage for any portion of the costs of

lan, the costs of rehabilitation shall be apportioned as provided under the employee benefit plan. (b) If no employee benefit plan exists and the employee has coverage for any portion of the costs of rehabilitation under any health care plan of the employee, the costs of rehabilitationshall be apportioned as provided by the health care plan with any costs not covered by theplan apportioned equally between the employee and the employer. However, the employershall not be required to pay more than two thousand dollars toward the costs not covered bythe employee’s health care plan. (c) If no employee benefit plan exists and the employee does not have coverage for any portion of the costs of rehabilitation under any health care plan of the employee, the costs ofrehabilitation shall be apportioned equally between the employee and the employer. However,the employer shall not be required to pay more than two thousand dollars towards the costof rehabilitation under this subparagraph division. (2) Rehabilitation required pursuant to this paragraph 'g' shall not preclude an employer from taking any adverse employment action against the employee during the rehabilitationbased on the

ivision. (2) Rehabilitation required pursuant to this paragraph 'g' shall not preclude an employer from taking any adverse employment action against the employee during the rehabilitationbased on the employee’s failure to comply with any requirements of the rehabilitation,including any action by the employee to invalidate a test sample provided by the employeepursuant to the rehabilitation. h. In order to conduct drug or alcohol testing under this section, an employer shall require supervisory personnel of the employer involved with drug or alcohol testing underthis section to attend a minimum of two hours of initial training and to attend, on anannual basis thereafter, a minimum of one hour of subsequent training. The training shallinclude but is not limited to information concerning the recognition of evidence of employeealcohol and other substance use disorder, the documentation and corroboration of employeealcohol and other substance use disorder, and the referral of employees with a substanceuse disorder to the employee assistance program or to the resource file maintained by theemployer pursuant to paragraph 'c', subparagraph (2). 10. Disciplinary procedures.a.

employees with a substanceuse disorder to the employee assistance program or to the resource file maintained by theemployer pursuant to paragraph 'c', subparagraph (2). 10. Disciplinary procedures.a. Upon receipt of a confirmed positive test result for drugs or alcohol which indicates a violation of the employer’s written policy, or upon the refusal of an employee or prospectiveemployee to provide a testing sample, an employer may use that test result or test refusalas a valid basis for disciplinary or rehabilitative actions pursuant to the requirements of theemployer’s written policy and the requirements of this section, which may include, amongother actions, the following: (1) A requirement that the employee enroll in an employer-provided or approved rehabilitation, treatment, or counseling program, which may include additional drug oralcohol testing, participation in and successful completion of which may be a condition ofcontinued employment, and the costs of which may or may not be covered by the employer’shealth plan or policies. (2) Suspension of the employee, with or without pay, for a designated period of time.(3) Termination of employment.(4) Refusal to hire a

r may not be covered by the employer’shealth plan or policies. (2) Suspension of the employee, with or without pay, for a designated period of time.(3) Termination of employment.(4) Refusal to hire a prospective employee. Sat Dec 23 12:33:06 2023 Iowa Code 2024, Section 730.5 (26, 2) §730.5, EMPLOYER-EMPLOYEE OFFENSES 8 (5) Other adverse employment action in conformance with the employer’s written policy and procedures, including any relevant collective bargaining agreement provisions. b. Following a drug or alcohol test, but prior to receipt of the final results of the drug or alcohol test, an employer may suspend a current employee, with or without pay, pendingthe outcome of the test. An employee who has been suspended shall be reinstated by the employer, with back pay, and interest on such amount at eighteen percent per annumcompounded annually, if applicable, if the result of the test is not a confirmed positive testresult for drugs or alcohol which indicates a violation of the employer’s written policy. 11. Employer immunity. A cause of action shall not arise against an employer who has established a policy and initiated a testing program in accordance with the testing and

employer’s written policy. 11. Employer immunity. A cause of action shall not arise against an employer who has established a policy and initiated a testing program in accordance with the testing and policysafeguards provided for under this section, for any of the following: a. Testing or taking action based on the results of a positive drug or alcohol test result, indicating the presence of drugs or alcohol, in good faith, or on the refusal of an employee orprospective employee to submit to a drug or alcohol test. b. Failure to test for drugs or alcohol, or failure to test for a specific drug or controlled substance. c. Failure to test for, or if tested for, failure to detect, any specific drug or other controlled substance. d. Termination or suspension of any substance use disorder prevention or testing program or policy. e. Any action taken related to a false negative drug or alcohol test result.f. Testing or taking action against an employee or prospective employee with a confirmed positive test result due to the employee’s or prospective employee’s use of medicalcannabidiol as authorized under chapter 124E. 12. Employer liability — false positive test results.a.

th a confirmed positive test result due to the employee’s or prospective employee’s use of medicalcannabidiol as authorized under chapter 124E. 12. Employer liability — false positive test results.a. Except as otherwise provided in paragraph 'b', a cause of action shall not arise against an employer who has established a program of drug or alcohol testing in accordance withthis section, unless all of the following conditions exist: (1) The employer’s action was based on a false positive test result.(2) The employer knew or clearly should have known that the test result was in error and ignored the correct test result because of reckless, malicious, or negligent disregard for thetruth, or the willful intent to deceive or to be deceived. b. A cause of action for defamation, libel, slander, or damage to reputation shall not arise against an employer establishing a program of drug or alcohol testing in accordance with thissection unless all of the following apply: (1) The employer discloses the test results to a person other than the employer, an authorized employee, agent, or representative of the employer, the tested employee or thetested applicant for employment, an authorized

closes the test results to a person other than the employer, an authorized employee, agent, or representative of the employer, the tested employee or thetested applicant for employment, an authorized substance use disorder treatment programor employee assistance program, or an authorized agent or representative of the testedemployee or applicant. (2) The test results disclosed incorrectly indicate the presence of alcohol or drugs.(3) The employer negligently discloses the results.c. In any cause of action based upon a false positive test result, all of the following conditions apply: (1) The results of a drug or alcohol test conducted in compliance with this section are presumed to be valid. (2) An employer shall not be liable for monetary damages if the employer’s reliance on the false positive test result was reasonable and in good faith. 13. Confidentiality of results — exception.a. All communications received by an employer relevant to employee or prospective employee drug or alcohol test results, or otherwise received through the employer’s drug oralcohol testing program, are confidential communications and shall not be used or receivedin evidence, obtained in discovery, or

ohol test results, or otherwise received through the employer’s drug oralcohol testing program, are confidential communications and shall not be used or receivedin evidence, obtained in discovery, or disclosed in any public or private proceeding, exceptas otherwise provided or authorized by this section. b. An employee, or a prospective employee, who is the subject of a drug or alcohol test conducted under this section pursuant to an employer’s written policy and for whom a Sat Dec 23 12:33:06 2023 Iowa Code 2024, Section 730.5 (26, 2) confirmed positive test result is reported shall, upon written request, have access to anyrecords relating to the employee’s drug or alcohol test, including records of the laboratorywhere the testing was conducted and any records relating to the results of any relevantcertification or review by a medical review officer. However, a prospective employee shallbe entitled to records under this paragraph only if the prospective employee requests therecords within fifteen calendar days from the date the employer provided the prospectiveemployee written notice of the results of a drug or alcohol test as provided in subsection 7,paragraph 'j', subparagraph

ithin fifteen calendar days from the date the employer provided the prospectiveemployee written notice of the results of a drug or alcohol test as provided in subsection 7,paragraph 'j', subparagraph (2). c. Except as provided by this section and as necessary to conduct drug or alcohol testing under this section and to file a report pursuant to subsection 16, a laboratory and a medicalreview officer conducting drug or alcohol testing under this section shall not use or discloseto any person any personally identifiable information regarding such testing, including thenames of individuals tested, even if unaccompanied by the results of the test. d. (1) An employer may use and disclose information concerning the results of a drug or alcohol test conducted pursuant to this section under any of the following circumstances: (a) In an arbitration proceeding pursuant to a collective bargaining agreement, or an administrative agency proceeding or judicial proceeding under workers’ compensation lawsor unemployment compensation laws or under common or statutory laws where actiontaken by the employer based on the test is relevant or is challenged.

dicial proceeding under workers’ compensation lawsor unemployment compensation laws or under common or statutory laws where actiontaken by the employer based on the test is relevant or is challenged. (b) To any federal agency or other unit of the federal government as required under federal law, regulation or order, or in accordance with compliance requirements of a federalgovernment contract. (c) To any agency of this state authorized to license individuals if the employee tested is licensed by that agency and the rules of that agency require such disclosure. (d) To a union representing the employee if such disclosure would be required by federal labor laws. (e) To a substance use disorder evaluation or treatment facility or professional for the purpose of evaluation or treatment of the employee. (2) However, positive test results from an employer drug or alcohol testing program shall not be used as evidence in any criminal action against the employee or prospective employeetested. 14. Civil penalties — jurisdiction.a. Any laboratory or medical review officer which discloses information in violation of the provisions of subsection 7, paragraph 'i' or 'l', or any employer who,

. 14. Civil penalties — jurisdiction.a. Any laboratory or medical review officer which discloses information in violation of the provisions of subsection 7, paragraph 'i' or 'l', or any employer who, through the selectionprocess described in subsection 1, paragraph 'l', improperly targets or exempts employeessubject to unannounced drug or alcohol testing, shall be subject to a civil penalty of onethousand dollars for each violation. The attorney general or the attorney general’s designeemay maintain a civil action to enforce this subsection. Any civil penalty recovered shall bedeposited in the general fund of the state. b. A laboratory or medical review officer involved in the conducting of a drug or alcohol test pursuant to this section shall be deemed to have the necessary contact with this state forthe purpose of subjecting the laboratory or medical review officer to the jurisdiction of thecourts of this state. 15. Civil remedies.a. This section may be enforced through a civil action.(1) A person who violates this section or who aids in the violation of this section is liable to an aggrieved employee or prospective employee for affirmative relief includingreinstatement or

action.(1) A person who violates this section or who aids in the violation of this section is liable to an aggrieved employee or prospective employee for affirmative relief includingreinstatement or hiring, with or without back pay, or any other equitable relief as the courtdeems appropriate including attorney fees and court costs. (2) When a person commits, is committing, or proposes to commit, an act in violation of this section, an injunction may be granted through an action in district court to prohibitthe person from continuing such acts. The action for injunctive relief may be brought by anaggrieved employee or prospective employee, the county attorney, or the attorney general. b. In an action brought under this subsection alleging that an employer has required or requested a drug or alcohol test in violation of this section, the employer has the burden ofproving that the requirements of this section were met. Sat Dec 23 12:33:06 2023 Iowa Code 2024, Section 730.5 (26, 2) §730.5, EMPLOYER-EMPLOYEE OFFENSES 10 16. Reports. A laboratory doing business for an employer who conducts drug or alcohol tests pursuant to this section shall file an annual report with the department of

, EMPLOYER-EMPLOYEE OFFENSES 10 16. Reports. A laboratory doing business for an employer who conducts drug or alcohol tests pursuant to this section shall file an annual report with the department of health andhuman services by March 1 of each year concerning the number of drug or alcohol testsconducted on employees who work in this state pursuant to this section, and the number ofpositive and negative results of the tests, during the previous calendar year. In addition, thelaboratory shall include in its annual report the specific basis for each test as authorized insubsection 8, the type of drug or drugs which were found in the positive drug tests, and allsignificant available demographic factors relating to the positive test pool. 87 Acts, ch 208, §1; 90 Acts, ch 1188, §1; 90 Acts, ch 1233, §42; 94 Acts, ch 1023, §120; 98 Acts, ch 1011, §1; 98 Acts, ch 1100, §81; 98 Acts, ch 1138, §32, 33, 35; 99 Acts, ch 60, §1 – 8;99 Acts, ch 114, §56, 59; 2004 Acts, ch 1081, §1 – 11; 2005 Acts, ch 3, §112; 2007 Acts, ch 50,§1; 2013 Acts, ch 30, §215 – 217; 2017 Acts, ch 111, §1 – 5; 2017 Acts, ch 162, §22, 25; 2018Acts, ch 1026, §178; 2018 Acts, ch 1046, §1; 2023 Acts, ch 19, §1308 – 1317

, ch 3, §112; 2007 Acts, ch 50,§1; 2013 Acts, ch 30, §215 – 217; 2017 Acts, ch 111, §1 – 5; 2017 Acts, ch 162, §22, 25; 2018Acts, ch 1026, §178; 2018 Acts, ch 1046, §1; 2023 Acts, ch 19, §1308 – 1317 Referred to in §96.5, 99F.4, 124E.21, 715A.1Subsection 1, paragraph g amendedSubsection 3 amendedSubsection 7, paragraph f amendedSubsection 9, paragraph c, subparagraph (2) amendedSubsection 9, paragraph g, subparagraph (1), unnumbered paragraph 1 amendedSubsection 9, paragraph h amendedSubsection 11, paragraph d amendedSubsection 12, paragraph b, subparagraph (1) amendedSubsection 13, paragraph d, subparagraph (1), subparagraph division (e) amendedSubsection 16 amended Sat Dec 23 12:33:06 2023 Iowa Code 2024, Section 730.5 (26, 2)