action was based a drug or alcohol alcohol and drug made on any retest and the cost of on a false positive rehabilitation program; abuse programs. employee involved such retest. If the result and the in a workplace employer receives employer knew or (3) Reasonable suspicion If the employer tests accident only if: positive test results clearly should based on "specific objective for alcohol, the The test is for a prospective • have known the and articulable facts and written policy must administered by or employee, the result was an reasonable inferences," that establish a cutoff at the direction of employer must notify error. an employee is using or has point for a violating the person the prospective used alcohol or drugs in alcohol concentration providing treatment employee in writing. violation of the employer's not less than .04 to the employee. written policy grams of alcohol per The employer Re-testing: If the • 210 liters of breath, does not request or employee requests a (4) After a person has or its equivalent. suggest that the test retest, identifies an applied for work but before be conducted. approved laboratory he has been hired. The employer to conduct the test, • lawfully obtains the and pays the (5) When investigating an test results. employer the fee for on-the-job accident that the test within 7 days either resulted in an injury after making the to a person that could request, a retest must require a report under be conducted at the Iowa's Occupational Safety laboratory chosen by and Health Statute or the employee. property damage over The results of the • $1,000. retest must be reported to the same (6) As otherwise required MRO who reviewed by federal law or regulation the initial confirmed or law enforcement. positive test results, and the MRO must review the results and issue a report to the employer. If the results of the • retest do not confirm the results of the initial confirmed test, the employer may not take disciplinary action based on the initial confirmed positive test result. An employer may suspend a current employee, with or without pay, pending
action was based on a false positive result and the employer knew or clearly should have known the result was an error. a drug or alcohol rehabilitation program; (3) Reasonable suspicion based on "specific objective and articulable facts and reasonable inferences," that an employee is using or has used alcohol or drugs in violation of the employer's written policy (4) After a person has applied for work but before he has been hired. (5) When investigating an on-the-job accident that either resulted in an injury to a person that could require a report under Iowa's Occupational Safety and Health Statute or property damage over $1,000. (6) As otherwise required by federal law or regulation or law enforcement. alcohol and drug abuse programs. If the employer tests for alcohol, the written policy must establish a cutoff point for a violating alcohol concentration not less than .04 grams of alcohol per 210 liters of breath, or its equivalent. made on any employee involved in a workplace accident only if: • The test is administered by or at the direction of the person providing treatment to the employee. • The employer does not request or suggest that the test be conducted. • The employer lawfully obtains the test results. retest and the cost of such retest. If the employer receives positive test results for a prospective employee, the employer must notify the prospective employee in writing. Re-testing: If the employee requests a retest, identifies an approved laboratory to conduct the test, and pays the employer the fee for the test within 7 days after making the request, a retest must be conducted at the laboratory chosen by the employee. • The results of the retest must be reported to the same MRO who reviewed the initial confirmed positive test results, and the MRO must review the results and issue a report to the employer. • If the results of the retest do not confirm the results of the initial confirmed test, the employer may not take disciplinary action based on the initial confirmed positive test result. An employer may suspend a current employee, with or without pay, pending
50-State-Survey-Drug-Alcohol-Testing-Laws-August-2015.docx