Des Moines, Iowa — A Senate subcommittee has approved legislation that would change a legal standard for lawsuits involving employees who challenge workplace drug and alcohol testing at their worksite.
J.D. Davis, a lobbyist for the Iowa Association of Business and Industry, says under current law, it’s up to businesses to prove they are innocent if an worker sues over drug testing protocols.
Nick Laning, a lobbyist for the Iowa Brotherhood of Electrical Workers, suggests that will make it very difficult for employees to challenge drug testing policies or the validity of results.
Peter Hird, a lobbyist for the Iowa Federation of Labor, says it’s a big change.
Another part of the bill would let notices about drug testing be sent to employees electronically. Lisa Davis Cook is a lobbyist for the Iowa Association of Justice, the group that represents trial lawyers. She says some employees might miss important notices about drug tests.
Republican Senator Adrian Dickey of Packwood, who owns a trucking company, says his employees are over-the-road drivers who may not be home to get their mail for a couple of weeks.
The bill also would let businesses designate which employees are in safety-sensitive positions, so they’re subject to drug testing. The proposal is a response to a 2021 Iowa Supreme Court ruling that Casey’s could not require random drug testing for all warehouse employees by classifying all of their jobs as safety sensitive.
