Bill
Bill > HSB179
summary
Introduced
02/21/2023
02/21/2023
In Committee
02/21/2023
02/21/2023
Crossed Over
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. H.F. _____ 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 Study Bill modifies existing law regarding private sector employee drug testing, specifically concerning "safety-sensitive positions," which are jobs where an accident could cause significant harm or damage. The bill clarifies that an employer can designate positions as safety-sensitive, rather than relying solely on the nature of the job itself. It also introduces flexibility in how employers communicate with employees about drug test results and confirmatory tests, allowing for in-person or electronic notifications as an alternative to certified mail, if the employee chooses. Furthermore, the bill shifts the responsibility for civil remedies from "a person" to specifically "an employer" who violates the drug testing law, and clarifies that any attorney fees awarded to an employee must be reasonable, with the employee bearing the burden of proving that a violation directly caused their damages. Finally, the bill removes a provision that placed the burden on the employer to prove they met the law's requirements in legal actions alleging improper drug testing.
Committee Categories
Labor and Employment
Sponsors (0)
No sponsors listed
Other Sponsors (1)
Labor And Workforce (House)
Last Action
Committee report approving bill, renumbered as HF 460. (on 02/27/2023)
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=HSB179 | 02/21/2023 |
| BillText | https://www.legis.iowa.gov/docs/publications/LGI/90/attachments/HSB179.html | 02/21/2023 |
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