House File 767 amends Iowa's drug testing laws for private sector employees, specifically focusing on the definitions and procedures surrounding safety-sensitive positions and the handling of confirmed positive drug or alcohol test results. The bill clarifies that a "safety-sensitive position" is a position designated by the employer where an accident could lead to severe consequences, replacing the term "job" with "position" and adding that it includes immediate supervision of relevant roles. Additionally, it modifies the notification process for employees who receive a confirmed positive test result, allowing for alternative methods of communication such as in-person exchanges or electronic notifications, rather than solely relying on certified mail.

The bill also introduces changes to the civil remedies available for violations of the drug testing provisions. It specifies that an employer who violates the law is liable to the affected employee for affirmative relief, including reinstatement and reasonable attorney fees. Furthermore, it shifts the burden of proof in civil actions from the employer to the aggrieved employee or prospective employee, who must demonstrate that the violation directly caused any damages. The bill aims to enhance the rights of employees while ensuring that employers adhere to fair practices in drug testing.

Statutes affected:
Introduced: 730.5
Enrolled: 730.5