Iowa Alcohol and Drugs laws & HR compliance analysis

Iowa Alcohol and Drugs: What you need to know

Iowa has one of the strictest alcohol and drug testing laws in the country (IA Code Sec. 730.5). An employer's drug and alcohol policy must be written, and each employee and prospective employee must be provided with a copy of the policy. The policy must include uniform disciplinary procedures to be taken as a result of confirmed positive tests. The policy also must establish an awareness program, and set forth specific testing procedures and options for rehabilitation and employee assistance. Under the law, testing must normally be scheduled during or immediately before or after a regular work period. The time required by the testing is considered work time for the purposes of compensation and benefits. Employers must pay all of the costs associated with testing. State law does not require employers to test, but strictly regulates employers who voluntarily choose to implement a testing program. The law applies to all private employers with one or more full-time employees under any contract of hire, express or implied, oral, or written.
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Employers may conduct drug and alcohol testing in the following ways:
Unannounced. Employers may conduct unannounced drug or alcohol testing of employees who are selected from any of the following pools of employees:
(1) The entire employee population at a particular worksite, except for employees not subject to testing, following a collective bargaining agreement
(2) The entire full-time active employee population at a particular worksite, except for employees not subject to testing, following a collective bargaining agreement
(3) All employees at a particular worksite who are in a pool of employees in a safety-sensitive position and who are scheduled to be at ...

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