State: Iowa
Statute of Order: Iowa Code Ann. §730.5
Covered Employers: Public and private employers.
Applicant Testing: Testing authorized as part of pre-employment physical examination if applicant is informed orally at time of application that drug test is required, and if ads and application forms carry notice of drug test.
Employee Testing: Testing authorized when there is probable cause to suspect substance abuse and employee holds job in which impairment would pose a danger, or during annual employee physical, if employee is given 30 days' notice. Random testing permitted so long as specific procedure in the law is followed using a computer-based random number generator that matches employee’s social security number or payroll identification number (selection from entire employee pool, full time employee pool or safety sensitive employee pool). Substance abuse evaluation and opportunity for treatment required for first positive test result. Discipline or discharge authorized for subsequent positive result or failure to complete treatment.
Conditions & Methods: Opportunity for test subject to explain or rebut positive findings and to request confirmation through retesting. Confidentiality of test results, records of positive test removed from personnel file when employee terminates if treatment program was successfully completed.
Pass Drug Testing Bulletpoints:
  • Information on existing Employee Assistance Programs must be posted conspicuously. As an alternative, employers must keep a resource file of service providers. Details on how to access such resource files must be posted as well.
  • All testing costs required of employees and prospective employees are to be paid by the employer. The only exception is if the employee requests for a retest. In which case, the employee pays an amount “consistent” with the cost of the first confirmatory test paid by the employer.
  • All tests must be confirmed then reviewed and interpreted by a competent medical review officer before any adverse employment action may be taken by the employer. Confirmation tests must be performed by a HHS-certified laboratory.
  • In the event of a confirmed positive test result, employers must send a certified mail notifying the employee of the test result and of the employee’s right to request a retest, which must be made within 7 days.
  • The results of the second confirmatory test shall be reviewed by the same medical review officer who interpreted the first confirmatory test. If the second confirmatory test result comes out different from the first, the test will be considered not positive and the cost of the second test will be reimbursed to the employee.
  • Employees who are found in violation of the drug free workplace policy of the employer may become ineligible to receive workers’ compensation and unemployment benefits.
  • Employers are not liable for any legal action that may be raised due to any employment action taken by the employer as per the compliant drug-free workplace policy in place.
  • 10 Things to Know To Pass A Drug Test In owa

    1. Iowa

    Iowa is another mandatory state. This would imply that employers wanting to conduct alcohol or drug testing should carry out such tests as per state Laws.

    2. Policy

    A written policy is essential and all employees/prospective employees should be given a copy of the drug testing policy complete in all respects. When a minor is employed, the policy should be shared with the parents of the minor. An acknowledgement signed by the parent should be obtained. Sending a certified mail would often be adequate.

    3. For Whom?

    The substance abuse tests shall apply to any applicant/employee alcohol/drug test in the State. Federally mandated tests and public employers are exempt from the provisions.

    4. Notice

    Notice should be posted in prominent locations, easily accessible to employees. When positive results are returned, written notice should be issued to the employee, advising him of his rights in responding to a positive result communicated in writing. The notice should be sent through certified mail. When the employee is a minor, the test result should be notified to the parent of minor employee. The result should be communicated to the applicant through a written notice including directions on how the related records can be accessed. The employee’s request for records should be made within 15 calendar days.

    5. Cost of testing

    All costs relating to the test is to be borne by the employer. If an employee raises a request for “split specimen analysis”, the employee may be required to meet that particular cost. Such cost should be consistent with the initial testing cost suffered by the employer.

    6. Testing Procedure

    It is mandatory that confirmation testing be performed at a lab certified by HHS. For applicants, drugs or alcohol tests are permitted. The same is true under post accident conditions, Random and Reasonable suspicion or rehabilitation. Federal tests will be administered as per Federal Law. It is essential to follow ‘federal DOT rules’ for every testing for alcohol. Blood tests are not permitted except under exceptional circumstances. The exception will apply when the employer may want to rely on results derived from blood tests performed by medical professionals.

    7. Consequences of a positive result

    All initial screen results should be confirmed. The first positive (alcohol) shall not merit discharge unless the employee refuses or fails to complete rehab, or there is a second instance of positive. A drug test positive can attract disciplinary action and also eligibilities under the state’s laws on unemployment and workers compensation benefits. 0.04 is the prescribed to qualify for a positive First Alcohol.

    8. Employer immunity

    Employers are immune from liabilities under this Law when they follow the rules.

    9. Substances for testing

    There is no specific definition on this. However, the general definition of drug (any controlled substance) shall apply.

    10. State Peculiarities

    Like in the case of several other states, a positive should be notified in writing with appropriate explanation of employee rights, the right to a split sample analysis.

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