| 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: |
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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.
PASS DRUG TESTING N IOWA
