Bill > HSB248

This Study Bill proposes amendments to existing Iowa law regarding private sector employee drug testing, primarily focusing on clarifying procedures and expanding notification options. It redefines "safety-sensitive position" to include jobs where an accident could result in significant property or environmental damage, not just loss of life or serious injury. The bill also allows for written notification of positive drug test results and the right to a second confirmatory test to be delivered in person, by certified mail with return receipt requested, or electronically, and similarly updates the notification process for minors and their parents regarding the employer's drug testing policy. Furthermore, it clarifies that in civil actions to enforce the law, the aggrieved employee or prospective employee bears the burden of proving by clear and convincing evidence that a violation directly caused their damages, and it allows for the recovery of reasonable attorney fees and court costs.