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Iowa Drug Testing Compliance

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Iowa

Legal status for workplace drug screening and alcohol testing

Download our free guide: Marijuana Legalization by State.

Our intent is to make Iowa drug test compliance as simple as possible. You don’t have to be a constitutional law scholar to conduct workplace drug testing in Iowa. Iowa is a “mandatory” state, which means any private employer wishing to conduct drug and/or alcohol testing of non-regulated employees within this state must do so according to the state constitution, statutes, regulations, local ordinances, and court decisions that apply. This overview is to introduce you to the nature and history of the Iowa workplace drug testing rules and to provide a basic understanding of the compliance issues you may face when testing in this state.

Drug Testing Overview:

Employer Action:
Q1: Are there any state limitations for workplace drug screening policies?
A: Yes, must be written, provide copies to employee. If the employee is a minor, a copy of policy must be given to parent/guardian certified mail. Information for EAP must be posted.
Q2: Please choose a reason for drug and alcohol testing:
No
No
No (but must have facts)
Yes - Review OSHA new ruling
No
No
Yes - Critical
Q3: Are there any state requirements for test methods?
A: No restrictions.
Q4: Are there any state requirements or limitation for drugs you can test for?
A: Companies must test for the following controlled substances and their metabolites: Amphetamines including ecstasy, Cocaine, Marijuana, Opiates, and PCP.
Q5: Are there any state requirements or limitations for specific notice of result?
A: Employees are to receive a notice of positive drug result via mail.
Q6: Is it required to use a Certified Laboratory?
A: Samples may be done “on-site” but any SAMHSA certified lab must be used to confirm results. Any saliva tests will be conducted using FDA-approved devices.
Q7: What types of specimens can we test for?
A: No restrictions.
Q8: Are there restrictions for Alcohol Testing?
A: Companies will also test for alcohol. Any sample confirmed at or above 0.04 will be considered a positive and a violation of policy.

Iowa Drug & Alcohol Testing Laws

The Iowa Legislature has authorized intractable epilepsy patients to use “ medical cannabidol, ” a non psychoactive cannabis found in the plant Cannabis sativa L. or Cannabis indica or any other preparation thereof that is essentially free from plant material, and has a “tetrahydrocannabinol” (THC) level of no more than three percent. (3%). Should this law be found by the Iowa courts to limit employer action, the Company would abide by those rulings.

Iowa law does not limit the consequences that may be imposed when an applicant or current employee has violated policy (confirmed drug/alcohol positive or refusal to test). The consequences/discipline section of the company’s general substance abuse policy will govern. Any disciplinary action taken will only be based upon a confirmed positive drug or alcohol result.

Drug and alcohol testing will be conducted in accordance with the rules specified in Iowa Code sec. 730.5(7). The company may test for either drugs or alcohol using urine, saliva or breath, whichever is appropriate and utilizing approved scientific methods.

Section 730.5(7)(i)(1) provides: If a confirmed positive test result for drugs or alcohol for a current employee is reported to the employer by the medical review officer, the employer shall notify the employee in writing by certified mail, return receipt requested, of the results of the test, the employee’s right to request and obtain a confirmatory test of the second sample, and the fee payable by the employee to the employer for reimbursement of expenses concerning the test.

 

ABBREVIATIONS
  • American Association for Clinical Chemistry (AACC)
  • Blood Alcohol concentration (BAC)
  • Breath Alcohol Test (BAT)
  • Clinical Laboratory Improvement Amendments (CLIA)
  • College of American Pathologists (CAP)
  • Department of Transportation (DOT)
  • Employee Assistance Program (EAP)
  • Food and Drug Administration (FDA)
  • Forensic Urine Drug Testing (FUDT)
  • Medical Review officer (MRO)
  • National Highway Traffic Safety Administration (NHTSA) National Institute on Drug Abuse (NIDA)
  • Substance Abuse and Mental Health Administration (SAMHSA)

Did you know?

Q1. If there is an investigative accident in the workplace, can a drug test be completed in Iowa?

Correct!

 

 

 Answer is “Yes”

Section 730.5(8)(f) provides:

Employers may conduct drug or alcohol testing when accidents in the workplace iresulted in an injury to a person for which injury, if suffered by an employee, a record or report could be required under chapter 88, or resulted in damage to property, including to equipment, in an amount reasonably estimated at the time of the accident to exceed one thousand dollars.

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

Marijuana:

Iowa Marijuana Employer Guidelines

“Recreational vs. personal” use of marijuana: We recognize that a majority of the country uses the term “recreational use” when referring to states that have legalized possession and use of limited amounts of marijuana for those over 21.

Iowa personal and medical use of marijuana.

Marijuana Drug Testing Compliance

Medical Use: On May 30, 2014, Governor Branstad signed SB 2360 into law, which created the Medical Cannabidiol Act (Statute 124D.1). A neurologist who has examined and treated a patient suffering from intractable epilepsy may provide but has no duty to provide a written recommendation for the patient's medical use of cannabidiol to treat or alleviate symptoms of intractable epilepsy if no other satisfactory alternative treatment options exist.

Under Iowa law it allows employers to test applicants and existing employees for marijuana. If the drug test is positive employer may refuse to hire the applicant or terminate an existing employee.

Personal Use: Iowa does not currently have legislation permitting the personal use of marijuana.

For more information regarding marijuana at work refer to Info Cubic’s Drug Screening compliance corner.

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

Court Decisions:

KEY COURT DECISIONS
Court Case Issue Outcome Employer Limitation/ Action

Amanda Skipton VS. S & J Tube, Inc No. 2-573 / 11-1902
  1. Appeal for back pay for positive drug test.
  2. Injury sent to workers compensation.

Amanda Skipton received back pay. The courts found employer didn’t follow requirements in section 730.5(7)(i)(1).

Employer had put in place a drug free workplace policy in September 2007.

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