Iowa Code § 730.5, which relates to private sector drug and alcohol testing, is a strict liability statute and many consider it complicated and difficult to administer.
Even if an employee tests positive for illegal drugs the employer is required, among other things, to provide privacy for the collection of samples, a reasonable sample collection process and very clear notice and direction regarding testing. Urine samples have to be split into two components with the second portion of the sample sufficient to “permit a second independent confirmatory test.” The statute does allow for the collection of oral fluids, but generally the collection of blood, which would be considered to be an invasion of the body, is prohibited.
In the event that there is a disability present, which may result in a skewing of the sample or inability to give a sample employers must attempt to offer an alternative means of testing or have other accommodation processes in place.
Source: http://www.jdsupra.com
W. Barry Nixon is the COO, PreemploymentDirectory.com the leading background screening information portal and online worldwide directory of professional background screening firms and Suppliers to the background screening industry. He co-authored the landmark book, Background Screening & Investigations: Managing Hiring Risk from the HR and Security Perspective. He also is the publisher of award winning newsletters, The Background Buzz and The Global Background Screener, and the author of the Background Checks column in PI Magazine.
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