The bill amends Iowa's Code section 730.5, which pertains to private sector employee drug testing, by refining the definition of "safety-sensitive position" to specify that it refers to positions designated by the employer where an accident could lead to severe consequences. Additionally, it allows for communications regarding drug test results to be delivered not only by certified mail but also through in-person exchanges or electronic notifications, providing employees with more flexible options for receiving important information.
Furthermore, the bill clarifies that only employers can be held liable for violations of this section, and it establishes that any awarded attorney fees in civil actions must be reasonable. It also shifts the burden of proof in legal actions concerning violations of drug testing requirements from the employer to the aggrieved employee or prospective employee, who must demonstrate that the violation directly caused any damages claimed. This legislative change aims to enhance the clarity and fairness of the drug testing process in the private sector.
Statutes affected: Introduced: 730.5