Iowa Drug Laws
We are going to explore two aspects of Iowa drug laws and the information necessary to learn how to pass a drug test in Iowa.
Learning The Basics Of Iowa Drug Laws.
First, we are not attorneys and can not provide specific advice on the Iowa Drug Laws. It is very important you seek professional advice skilled with legal advice that is familiar with the ins and outs of local Iowa drug laws.
Second, for those of you who are concerned with those Iowa Drug Laws being applied to you, we offer information on the major just four major drug tests one might be facing in Iowa.
There Are Four Major Drug Tests Given In Iowa.
Each drug test has its own specific strengths you must avoid and weakness in which one can take advantage. What you learn here could make the difference between failing and passing a drug test in Iowa.
Rules for Applicants in Iowa.
An employer may require applicants to take a drug test as a condition of employment. The employer must have a written drug testing policy available for applicants to review.
Rules for Iowa Employees.
An employer may require employees to take a drug test in the following circumstances:
- Based on reasonable suspicion of drug use
- During and after the employee’s participation in a drug rehabilitation program, and
- Following an accident that caused a reportable injury or more than $1,000 in property damage.
An employer may also conduct unannounced testing of employees selected from the entire workforce at one site, all full-time employees at one site, or all employees in safety-sensitive positions.
Policies and Procedures for Iowa.
An employer must have a written drug testing policy that states the discipline or rehabilitation that will be required for positive test results, among other things. The employer must have employee assistance (EAP) resources, an employee awareness program, and supervisor training. State law also dictates the procedures for gathering specimens, conducting the tests, confidentiality of results, and so on.
An employee who tests positive has seven days to request a retest. An employee who tests positive for alcohol use must be given an opportunity to enter a rehabilitation program, if the employee has worked for the employer for at least 12 of the past 18 months and has not previously violated the substance abuse policy. This provision applies only to employers with at least 50 employees.
Legal Claims Arising From Drug Testing.
Have you been illegally asked or required to take a drug test in Iowa? Even though Iowa Drug Laws allow an employer to drug test, many employees and might may have legal claims based on how the test was conducted, who was tested or how the results were used.
Here are some examples:
- Violation of Iowa Drug Laws And Procedures. Although an employer has the legal right to test, it must follow the state’s requirements. An Iowa employer that doesn’t provide the required notice of its testing policy or observe state procedural rights (for example, by failing to conduct a confirmation test after an initial positive result or by allowing unauthorized personnel to perform the test) could face legal problems.
- Disability Discrimination. An applicant or employee who is taking medication for a disability is protected by the Americans with Disabilities Act (ADA). Some prescribed medications turn up on drug tests and some drugs that would otherwise be illegal (such as opiates) are legitimately prescribed for certain conditions. If an applicant is turned down because of a positive drug test and the applicant’s medication was legally prescribed for a disability, the company could be liable.
- Other Discrimination Claims. An employer who singles out certain groups of employees – for example, by race, age, or gender – for drug testing could face a discrimination claim.
- Invasion Of Privacy. Even an employer that is allowed or required to test might violate employee privacy in the way it conducts the test. For example, requiring employees to disrobe or provide a urine sample in front of others could be a privacy violation.
- Defamation. An employee might have a valid claim for defamation if the employer ( that the employee tested positive, if the employer has reason to know that the test might not be accurate. For example, if a retest showed that the first test was a false positive or the employee has appealed the first test, the employer may be liable for revealing the results of the positive test beyond those with a need to know.
Breakdown Of Iowa Drug Laws.
The Iowa Drug Law For Marijuana Possession.
The Vast Majority Of Drug Test Failures in Iowa Are For Breaking Iowa Drug Laws For Marijuana, Not Federal Or Local Laws.
Iowa drug laws have their own specific strengths you must avoid and weakness in which one can take advantage when it comes to marijuana. The same is true of the Federal Laws concerning marijuana.
Marijuana is the third most popular recreational drug in Iowa behind only alcohol and tobacco. Marijuana has been used by nearly 100 million Americans at one time or another with an equal cross-section of people in Iowa using marijuana. According to the federal government, some 25 million Americans have smoked marijuana in the past year and more than 14 million do so regularly despite harsh laws against its use. Iowa is no exception in its implementation of marijuana law.
Unlike alcohol, for which impairment can be reasonably measured using a breathalyzer, valid detection for marijuana requires drug testing. This is time-consuming, complicated and the drug tests for marijuana cannot determine an approximate degree of impairment. The detection of marijuana is also complicated by the various types of drug testing available and the types of myths, half-truths and rumors that surround marijuana drug testing.
Overview Of Iowa Drug Test Laws.
- Iowa – Iowa is another mandatory state. This would imply that employers wanting to conduct alcohol or drug testing should carry out such tests as per state Laws.
- Policy – A written policy is essential and all employees/prospective employees should be given a copy of the drug testing policy complete in all respects. When a minor is employed, the policy should be shared with the parents of the minor. An acknowledgement signed by the parent should be obtained. Sending a certified mail would often be adequate.
- For Whom? – The substance abuse tests shall apply to any applicant/employee alcohol/drug test in the State. Federally mandated tests and public employers are exempt from the provisions.
- Notice – Notice should be posted in prominent locations, easily accessible to employees. When positive results are returned, written notice should be issued to the employee, advising him of his rights in responding to a positive result communicated in writing. The notice should be sent through certified mail. When the employee is a minor, the test result should be notified to the parent of minor employee. The result should be communicated to the applicant through a written notice including directions on how the related records can be accessed. The employee’s request for records should be made within 15 calendar days.
- Cost of testing – All costs relating to the test is to be borne by the employer. If an employee raises a request for “split specimen analysis”, the employee may be required to meet that particular cost. Such cost should be consistent with the initial testing cost suffered by the employer.
- Testing Procedure – It is mandatory that confirmation testing be performed at a lab certified by HHS. For applicants, drugs or alcohol tests are permitted. The same is true under post accident conditions, Random and Reasonable suspicion or rehabilitation. Federal tests will be administered as per Federal Law. It is essential to follow ‘federal DOT rules’ for every testing for alcohol. Blood tests are not permitted except under exceptional circumstances. The exception will apply when the employer may want to rely on results derived from blood tests performed by medical professionals.
- Consequences of a positive result – All initial screen results should be confirmed. The first positive (alcohol) shall not merit discharge unless the employee refuses or fails to complete rehab, or there is a second instance of positive. A drug test positive can attract disciplinary action and also eligibilities under the state’s laws on unemployment and workers compensation benefits. 0.04 is the prescribed to qualify for a positive First Alcohol.
- Employer immunity – Employers are immune from liabilities under this Law when they follow the rules.
- Substances for testing – There is no specific definition on this. However, the general definition of drug (any controlled substance) shall apply.
- State Peculiarities – In the case of several other states, a positive should be notified in writing with appropriate explanation of employee rights, the right to a split sample analysis.