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Drug-Free Workplace Policy and Program Template

Iowa Drug Testing Laws and Regulations

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.
Important 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.
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    Material on these pages (state drug testing laws and drug testing regulations) is provided for informational purposes only and does not constitute legal, medical or technical advice. This drug testing related information is not intended as substitute for obtaining legal advice from attorney, or a relevant medical technical or financial professional. TestCountry is not a law firm or a legal agency, therefore cannot guarantee the accuracy of this content. Drug testing laws are collected from legal and/or state sources, and it may or may not be valid by the time you are viewing it. Any views or opinions expressed are solely those of the author and do not necessarily represent those of Global Business Support System Inc. DBA TestCountry.

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