The bill amends Code section 730.5, which pertains to private sector employee drug testing, by refining the definition of "safety-sensitive position" to specify that it applies to positions designated as such by the employer. Additionally, it allows for required communications, previously mandated to be sent via certified mail, to also be delivered in person or through electronic notification if the employee or prospective employee prefers this method. This change aims to enhance flexibility in communication between employers and employees regarding drug testing results and rights.

Furthermore, the bill clarifies that only employers can be held liable for violations of this section, rather than any person. It establishes that any awarded attorney fees in civil actions must be reasonable and places the burden of proof on the aggrieved employee or prospective employee to demonstrate that a violation directly caused their damages. The bill also removes the provision that placed the burden of proof on employers in cases where it is alleged they violated drug testing requirements.

Statutes affected:
Introduced: 730.5