The bill amends Code section 730.5, which pertains to private sector employee drug testing, by clarifying the definition of a "safety-sensitive position" to include positions designated as such by the employer. It also updates the communication requirements, allowing notifications that were previously mandated to be sent via certified mail to be delivered in person or electronically if the employee or prospective employee prefers. This change aims to streamline the notification process regarding drug test results and rights.

Additionally, the bill specifies that only employers can be held liable for violations of this section, rather than any person. It establishes that attorney fees awarded 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 any damages. The bill removes the previous provision that required the employer to prove compliance with the law in cases alleging improper drug or alcohol testing.

Statutes affected:
Introduced: 730.5