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)

No

2) Employers Covered by Federal Drug Free Workplace Act

No

3) State Constitution Privacy Provision

No

4) Penalties and Remedies for Employer Non-Compliance

Yes

5) Significant Testing Restrictions

Yes

6) Disability Coverage

7) Drug and Alcohol Testing Restrictions

Yes

8) Worker’s Compensation Disqualification Laws

Yes

9) Unemployment Compensation Disqualification Laws

No

10) Alcohol Cut-off Levels

.04

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

Permitted

· Reasonable Cause

Permitted if employer has reasonable suspicion

· Random

Permitted

· Post Accident

Permitted when employee is seriously injured or there is property damage that exceeds $1,000.

· Follow-up Testing

Permitted

14) Restrictions on Types of Workplace Drug Tests

Yes

15) Collection Procedures

· Generally

· Observed Collections

If reasonable cause exists that individual tampered with specimen

· Split Specimen

Yes

16) Drug Testing Falsification Law

No

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

Yes

· Hair Testing

Yes

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

No

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 Georgia. teden@constangy.com or call 334-241-8030

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

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

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