Iowa – State Law Drug & Alcohol Testing Issues at a Glance

PocketPart40 State Laws at a Glance is a collaboration with professionals across the workplace drug testing industry to provide a free resource on workplace drug testing laws, regulations, legislation, issues of interest and significant case authority. See disclaimer below.

1) Workers Compensation Voluntary Premium Reduction State (if yes see below)
2) Employers Covered by Federal Drug Free Workplace Act
3) State Constitution Privacy Provision
4) Penalties and Remedies for Employer Non-Compliance
5) Significant Testing Restrictions
6) Disability Coverage
7) Drug and Alcohol Testing Restrictions
8) Worker’s Compensation Disqualification Laws
9) Unemployment Compensation Disqualification Laws
10) Alcohol Cut-off Levels
11) Substances Allowed for Testing
(1) Amphetamines; (2) Cannabinoids; (3) Cocaine; (4) Phencyclidine (PCP); (5) Opiates or a metabolite of any of the above substances including mind altering synthetic or designer drugs, and (6) Alcohol.
· Substances Cut-off Levels
SAMHSA or approved by Iowa Department of Health
12) Drug Specimen Types
Urine, saliva and blood in some instances.  Blood can be used for drugs or alcohol only on an employee involved in an accident at work if the test is administered by or at the direction of the person providing treatment or care to the employee without request or suggestion by the employer that a test be conducted, and the employer has lawfully obtained the results of the test.
13) Types of Drug Testing and Restrictions
· Pre Employment
· Reasonable Cause
Permitted if employer has reasonable suspicion
· Random
· Post Accident
Permitted when employee is seriously injured or there is property damage that exceeds $1,000.
· Follow-up Testing
14) Restrictions on Types of Workplace Drug Tests
15) Collection Procedures
· Generally
· Observed Collections
If reasonable cause exists that individual tampered with specimen
· Split Specimen
16) Drug Testing Falsification Law
17) Point-of-Collection Device
· Urine
· Oral Fluids
18) Safety-Sensitive Restriction
19) Laboratory Based Testing
· Laboratory Certifications
SAMHSA or rules under Iowa Department of Public Health
· Oral Fluids
· Hair Testing
20) Notification of Test Results
Positive results must be mailed to employee by certified mail, return receipt. Employer must also inform the employee of their right to request and obtain a confirmatory test and the fee payable by the employee for the costs of the confirmatory test. In the event of a negative confirmatory test, the employee must be reimbursed by the employer for testing expenses, and the test cannot be considered  a positive test for the purposes of disciplinary action.
21) Rehabilitation Requirements
In order to test for drugs or alcohol, Iowa employers must establish a substance abuse awareness program to inform employees of the dangers of drug and alcohol.  If the employer has an Employee Assistance Program (EAP), it must inform employees of the benefits and services of the EAP and post notice of the EAP in conspicuous places.  If the employer does not have an EAP, it must maintain a resource file of alcohol and other drug awareness programs certified by the Iowa Department of Public health, mental health providers and other persons or entities available to assist employees with personal or behavioral problems. 
22) Retest Required
Required within 7 days of results
23) Wage Payment Requirements
Employer Responsibility
24) Disciplinary Action Restriction
25) State CDL DMV Reporting
26) State Medical Marijuana Laws
27) Union Agreements
28) Unique to State Issues
29) State Enforcement Agency
30) Web Resources
31) Significant Case Authority

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This blog is for educational purposes only and does not constitute legal advice. "No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers."

PocketPart40 Editors:

Tommy Eden is a management labor & employment law attorney with Constangy, Brooks & Smith, LLP who is licensed to practice in Alabama and or call 334-241-8030

Dr. C.B. Thuss, Jr. is a Certified Medical Review Officer. or 205-283-1040

Mary Hines is past president of SAPAA and owner of Simple Path training and compliance solutions. or 214-697-1249

Iowa Contributors: