The bill amends Code section 730.5, which pertains to private sector employee drug testing, by refining the definition of a "safety-sensitive position" to specify that it includes positions designated by the employer where an accident could lead to severe consequences. Additionally, it allows for communications that were previously required to be sent via certified mail to also be delivered in person or through electronic means, provided the employee or prospective employee opts for these alternatives.

Furthermore, the bill clarifies that only employers can be held liable for violations of this section, and it stipulates that any awarded attorney fees in civil actions must be reasonable. It also shifts the burden of proof in legal actions regarding drug or alcohol testing violations from the employer to the aggrieved employee or prospective employee, who must demonstrate that the violation directly caused any damages for which they seek relief.

Statutes affected:
Introduced: 730.5