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IA SF319
IA SF319A bill for an act concerning private sector employee drug testing.(Formerly SSB 1141.)
summary
Introduced
02/16/2023
02/16/2023
In Committee
05/04/2023
05/04/2023
Crossed Over
03/14/2023
03/14/2023
Passed
Dead
04/16/2024
04/16/2024
Introduced Session
90th General Assembly
Bill Summary
This bill relates to Code section 730.5, concerning private sector employee drug testing. Under current law, “safety-sensitive position”, for purposes of Code section 730.5, is defined as a job wherein an accident could cause loss of human life, serious bodily injury, or significant property or environmental damage, including a job with duties that include immediate supervision of a person in a safety-sensitive position. The bill provides that the definition applies to positions designated as safety sensitive positions by the employer. The bill provides that specified communications required under current law to be provided by certified mail, return receipt requested, can also be provided in person or by electronic notification if an employee or prospective employee so chooses. The bill modifies language providing that a person violating Code section 730.5 can be subject to civil remedies to instead provide that an employer violating Code section 730.5 can be subject to civil remedies. The bill provides that attorney fees awarded to an aggrieved employee or prospective employee as part of affirmative relief in a civil action for a violation of Code section 730.5 must be reasonable. In such an action, the bill provides that an aggrieved employee or prospective employee has the burden of proving by a preponderance of the evidence that a violation of Code section 730.5 directly caused any damages for which affirmative relief is sought. The bill strikes language providing that in a legal action alleging that an employer has required or requested a drug or alcohol test in violation of Code section 730.5, the employer has the burden of proving that the requirements of Code section 730.5 were met.
AI Summary
This bill modifies provisions of Iowa's law regarding private sector employee drug testing. The key changes include:
1. Allowing employers to designate any position as "safety-sensitive" for the purposes of drug testing, rather than the definition being limited to jobs where an accident could cause significant harm.
2. Providing the option for employers to deliver certain notifications and allow requests from employees to be made in person or electronically, rather than solely by certified mail.
3. Shifting the burden of proof in civil actions for violations of the drug testing law to the aggrieved employee or applicant, who must show the violation directly caused their damages.
4. Specifying that any attorney fees awarded to an employee or applicant in a successful civil action must be reasonable.
Overall, the bill aims to provide more flexibility for employers in their drug testing programs and adjust the legal framework around employee challenges to such testing.
Committee Categories
Labor and Employment
Sponsors (0)
No sponsors listed
Other Sponsors (1)
Workforce (Senate)
Last Action
Placed on calendar. H.J. 235. (on 02/08/2024)
Bill Topics
Labor and Employment
- ‐ Worker Safety and Protection
Law, Crime, and Family Issues
- ‐ Civil Law and Procedure
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location | Created |
|---|---|---|
| State Bill Page | https://www.legis.iowa.gov/legislation/BillBook?ga=90&ba=SF319 | 02/16/2023 |
| BillText | https://www.legis.iowa.gov/docs/publications/LGI/90/attachments/SF319.html | 02/16/2023 |
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