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Articles > Alcohol and Drug Testing in Iowa

The law in Iowa allows employers to require workers to provide urine, saliva or breath samples for drug and alcohol testing. Usually, the testing occurs at the application stage. However, random testing of current employees is permitted. Also, an employee who is involved in an accident at work that results in damage to property in excess of $1,000, and gives reasonable suspicion to the employer of intoxication or drug use can be drug tested.

Workers in the public sector are generally excluded from drug testing except when performing safety-sensitive jobs. Private or public sector workers who need a commercial driver?s license to perform their duties are often tested by their employer under federal Department of Transportation guidelines.

Marijuana, cocaine and methamphetamine and alcohol are usually targeted, but the employer may test for alcohol and other substances.

In Iowa, testing is usually performed through urine or saliva testing. Breath testing for alcohol is also allowed. Blood testing may be done only in rare instances and hair testing is prohibited. Drug testing laboratories are regulated by both federal and state regulations.

Employers must provide information to applicants and employees about their drug testing policies and the availability of drug treatment sources. The law however, does not require employers who use drug testing to offer drug rehabilitation to the employees or applicants who test positive. Applicants and employees both have the right to know the results of a positive drug test. An applicant may be refused employment and an employee may be fired after a positive drug test. If a worker?s alcohol test is positive exceeding the concentration level established in the employer?s policy, and a number of criteria are met, including attending rehabilitation, then the worker may not be disciplined the first time they have a positive alcohol test.

The employer?s failure to comply with Iowa?s detailed drug testing requirements opens them to be sued for a wrongful discharge.

Drug and alcohol testing procedures are negotiable and can be governed under the collective bargaining agreement.

Who may be tested?
Iowa's drug testing law does not require an employer to conduct drug or alcohol testing. In addition, an employer may implement and require drug or alcohol testing at some but not all of the work sites of the employer.

A. Iowa law allows employers to conduct unannounced drug or alcohol testing of workers randomly selected from any of the following pools of employees:

1. the entire employee population at a particular work site of the employer, except for employees who are not scheduled to be at work at the time the testing is conducted;

2. the entire full-time active employee population at a particular work site;

3. all employees at a particular work site who are in a pool of employees in a safety-sensitive position and who are scheduled to be at work at the time testing is conducted. An employee who is designated by the employer as being in a safety-sensitive position may be placed in only one pool of safety-sensitive employees subject to drug or alcohol testing.

B. Employers may conduct drug or alcohol testing of employees during, and after completion of, drug or alcohol rehabilitation.

C. Employers may conduct reasonable suspicion drug or alcohol testing. Reasonable suspicion means that the decision to administer the drug or alcohol test must be based on rational inferences made from specific and explainable facts. For example: slurred speech, erratic behavior, and alcohol smell on someone?s breath.

D. Employers may conduct drug or alcohol testing of prospective employees.

E. Employers may conduct drug or alcohol testing as required by federal law or regulation by law enforcement.

Employers may conduct drug or alcohol testing in investigating accidents in the workplace in which the accident resulted in an injury to a person for which injury, if suffered by an employee, a record or report could be required under Iowa's occupational safety and health law, or resulted in damage to property, including to equipment, in an amount reasonably estimated at the time of the accident to exceed $1,000. Iowa Code? 730.5 (8)

Any employer who improperly targets or exempts employees subject to unannounced drug or alcohol testing is subject to a civil penalty of $1,000 for each violation

What records must the employer keep?
An employee, or a prospective employee, who is the subject of a drug or alcohol test conducted under Iowa's drug testing law pursuant to an employer's written policy and for whom a confirmed positive test result is reported must, upon written request, have access to any records relating to the employee's drug or alcohol test, including records of the lab where the testing was conducted and any records relating to the results of any relevant certification or review by a medical review officer. However, a prospective employee is entitled to records only if he or she requests them within 15 calendar days from the date the employer provided the prospective employee written notice of the results of a drug or alcohol test.

When can actual testing occur?
Drug or alcohol testing of employees conducted by an employer must normally occur during, or immediately before or after, a regular work period. The time required for testing will be deemed work time for the purposes of compensation and benefits for employees.

Who pays for drug testing costs?
An employer must pay all actual costs for drug or alcohol testing of employees and prospective employees required by the employer. An employer must provide transportation or pay reasonable transportation costs to employees if drug or alcohol sample collection is conducted at a location other than the employee's normal work site.

What are the legal requirements for sample collection?

The collection of samples must be performed under sanitary conditions, with regard to the privacy of the individual providing the specimen, and in a way to preclude contamination or substitution of the specimen. Typically urine is the specimen collected for drug testing and breath is used for alcohol tests. Iowa Code ?730.5 was amended in 2004 to also allow the use of oral fluids (saliva) for drug testing. Hair is not a permitted testing specimen under Iowa law. The only time an employer may take disciplinary action based on the results of a blood test for drugs or alcohol is when an employee is involved in an accident at work, and a care provider administers the blood test without direction from the employer.

In order for confirmatory tests to be performed, drug testing samples must be collected so that specimens are split into two components at collection time. The testing laboratory must store the second sample for at least 45 days, for the purpose of a second confirmatory test, if one is required. Alcohol testing samples (breath) must be collected according to U.S. D.O.T. rules that allow for on-site confirmatory testing.

Samples must be collected, labeled, stored and transported in ways that protect against contamination, adulteration and/or misidentification.

Employees or prospective employees must be given an opportunity to provide any information that may be relevant to the test. Information such as prescription or over the counter medication which the employee might be using or have used recently and might have an impact on the test. The employer must provide the worker with a list of which drugs they are being tested.

A medical review officer must, prior to the results being reported to an employer, review and interpret any confirmed positive test results to ensure that the chain of custody is complete and sufficient on its face and that any information provided by the tested individual is considered.

What are the legal requirements for confirmatory drug testing?
All confirmatory testing must be conducted at a laboratory certified by the U.S. Department of Health and Human Services or approved under rules adopted by the Iowa Department of Health. (http://idph.state.ia.us/) .

If the medical review officer reports a worker?s drug test as positive for drugs or alcohol to the employer, the employer must notify the worker in writing via certified mail the following information:

1. The test results,
2. the employee?s right to request and obtain a confirmatory test, and
3. the fee that the worker must pay for the cost of the confirmatory test.

If the confirmatory test is negative, the employer must reimburse the worker for the cost of the confirmatory test, and the employer cannot use the original positive test for disciplinary purposes.

What happens when the test is positive?
Upon receipt of a confirmed positive test result for drugs or alcohol that indicates a violation of the employer's written policy, or upon the refusal of an employee or prospective employee to provide a testing sample, an employer may use that test result or test refusal as a valid basis for disciplinary or rehabilitative actions pursuant to the requirements of the employer's written policy and the requirements of Iowa's drug testing law, which may include, among other actions, the following:

1. A requirement that the employee enroll in an employer-provided or approved rehabilitation, treatment or counseling program, which may include additional drug or alcohol testing, participation in and successful completion of which may be a condition of continued employment, and the costs of which may or may not be covered by the employer's health plan or policies;
2. suspension of the employee, with or without pay, for a designated period of time;
3. termination of employment;
4. refusal to hire a prospective employee;
5. other adverse employment action in conformance with the employer's written policy and procedures, including any relevant collective bargaining agreement provisions.

Following a drug or alcohol test, but prior to receipt of the final results of the drug or alcohol test, an employer may suspend a current employee, with or without pay, pending the outcome of the test. The employer, with back pay, must reinstate an employee who has been suspended if the result of the test is not a confirmed positive test result.

Can an employer be sued for taking disciplinary action against a worker for a positive drug test?
An employer who violates Iowa's drug testing law or who aids in the violation of the law, is liable to an aggrieved employee or prospective employee for affirmative relief, including reinstatement or hiring, with or without back pay, or any other equitable relief as the court deems appropriate, including attorney fees and court costs.

When an employer commits, is committing or proposes to commit, an act in violation of Iowa's drug testing law, an injunction may be granted through an action in district court to prohibit the employer from continuing such acts. An aggrieved employee or prospective employee, the county attorney or the attorney general may bring the action for injunctive relief.

Normally an employer who has established a policy and initiated a testing program in accordance with Iowa's drug testing law may not be sued for wrongful discharge successfully, unless the following conditions apply:

1. The employer's action was based on a false positive test result, and
2. the employer knew or clearly should have known that the test result was in error and ignored the correct test result because of reckless, malicious or negligent disregard for the truth, or the willful intent to deceive or to be deceived.

An employer may be sued for defamation, libel, slander or damage to reputation when:

1. The employer discloses the test results to a person other than the employer, an authorized employee, agent or representative of the employer, the tested employee or the tested applicant for employment, an authorized substance abuse treatment program or employee assistance program or an authorized agent or representative of the tested employee or applicant, and
2. the test results disclosed incorrectly indicate the presence of alcohol or drugs, and
3. the employer negligently discloses the results.
In any cause of action based upon a false positive test result, all of the following conditions apply:

(1) the results of a drug or alcohol test conducted in compliance with Iowa's drug testing law are presumed to be valid.

(2) an employer will not be liable for monetary damages if the employer's reliance on the false positive test result was reasonable and in good faith.

Can an employer legally release information about my drug test?
All communications received by an employer relevant to employee or prospective employee drug or alcohol test results, or otherwise received through the employer's drug or alcohol testing program, are confidential communications and must not be used or received in evidence, obtained in discovery or disclosed in any public or private proceeding, except as otherwise provided or authorized by Iowa's drug testing law.

An employer may use and disclose information concerning the results of a drug or alcohol test under any of the following circumstances:

1. In an arbitration proceeding pursuant to a collective bargaining agreement, or an administrative agency proceeding or judicial proceeding under workers' compensation laws or unemployment compensation laws or under common or statutory laws where action taken by the employer based on the test is relevant or is challenged.

2. to any federal agency or other unit of the federal government as required under federal law, regulation or order, or in accordance with compliance requirements of a federal government contract.

3. to any Iowa agency authorized to license individuals if the employee tested is licensed by that agency and the rules of that agency require such disclosure.

4. to a union representing the employee if federal labor laws would require such disclosure.

5. to a substance abuse evaluation or treatment facility or professional for the purpose of evaluation or treatment of the employee.

However, positive test results from an employer drug or alcohol testing program may not be used as evidence in any criminal action against the employee or prospective employee tested.

Legal requirements for an employer?s drug & alcohol testing

Employers must carry out drug or alcohol testing or retesting within the terms of a written policy that has been provided to every employee subject to testing, and is available for review by employees and prospective employees

The employer's written policy must provide uniform requirements for what disciplinary or rehabilitative actions an employer will take against an employee or prospective employee upon receipt of a confirmed positive test result for drugs or alcohol or upon the refusal of the employee or prospective employee to provide a testing sample. The policy must provide that any action taken against an employee or prospective employee will be based only on the results of the drug or alcohol test. The written policy must also provide that if rehabilitation is required as provided below, the employer may not take adverse employment action against the employee so long as the employee complies with the requirements of rehabilitation and successfully completes rehabilitation.

If the written policy provides for alcohol testing, the employer must establish in the written policy a standard for alcohol concentration that will be deemed to violate the policy. The standard for alcohol concentration must not be less than .04, expressed in terms of grams of alcohol per 210 liters of breath, or its equivalent.

AWARENESS PROGRAM

Employers must establish an awareness program to inform employees of the dangers of drug and alcohol use in the workplace and comply with the following requirements in order to conduct drug or alcohol testing:

If an employer has an employee assistance program, the employer must inform the employee of the benefits and services of the program. An employer must post notice of the EAP in conspicuous places and explore alternative routine and reinforcing means of publicizing such services. In addition, the employer must provide the employee with notice of the policies and procedures regarding access to and utilization of the program.

If an employer does not have an employee assistance program, the employer must maintain a resource file of alcohol and other drug abuse programs certified by the Iowa Department of Public Health, mental health providers and other persons, entities or organizations available to assist employees with personal or behavioral problems. The employer must provide all employees information about the existence of the resource file and a summary of the information contained within the resource file. The summary should contain, but need not be limited to, all information necessary to access the services listed in the resource file.

REHABILITATION

Upon receipt of a confirmed positive alcohol test that indicates an alcohol concentration greater than the concentration level established by the employer?s policy, and if the employer has at least 50 employees, and if the employee has been employed by the employer for at least 12 of the preceding 18 months, and if rehabilitation is agreed upon by the employee, and if the employee has not previously violated the employer's substance abuse prevention policy, the written policy must provide for the rehabilitation of the employee, and the apportionment of the costs of rehabilitation as provided below.

If the employer has an employee benefit plan, the costs of rehabilitation must be apportioned as provided under the employee benefit plan.

If no employee benefit plan exists and the employee has coverage for any portion of the costs of rehabilitation under any health care plan of the employee, the costs of rehabilitation must be apportioned as provided by the health care plan with any costs not covered by the plan apportioned equally between the employee and the employer. However, the employer may not be required to pay more than $2,000 toward the costs not covered by the employee's health care plan.

If no employee benefit plan exists and the employee does not have coverage for any portion of the costs of rehabilitation under any health care plan of the employee, the costs of rehabilitation must be apportioned equally between the employee and the employer. However, the employer may not be required to pay more than $2,000 towards the cost of rehabilitation.

Rehabilitation required as described above does not preclude an employer from taking any adverse employment action against the employee during the rehabilitation based on the employee's failure to comply with any requirements of the rehabilitation, including any action by the employee to invalidate a test sample provided by the employee pursuant to the rehabilitation. However, if the worker completes the rehabilitation program effectively and continues to comply with the employer?s substance abuse policy, the employer may not impose discipline for the original positive alcohol test.

TRAINING

In order to conduct drug or alcohol testing, an employer must require supervisory personnel of the employer involved with drug or alcohol testing to attend a minimum of two hours of initial training and to attend on an annual basis thereafter, a minimum of one hour of subsequent training. The training must include, but is not limited to, information concerning the recognition of evidence of employee alcohol and other drug abuse, the documentation and corroboration of employee alcohol and other drug abuse, and the referral of employees who abuse alcohol or other drugs to the employee assistance program or to the resource file maintained by the employer.

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