Bill > HF460

Introduced Session

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.

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Rereferred to Labor and Workforce. H.J. 1029. (on 05/04/2023)

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Official Document