Workplace Drug Testing Issues – Iowa State Laws
Use caution when drug testing in Iowa, have a written policy, and follow Iowa laws carefully. Iowa Code section 730.5is a complex statute that contains numerous application pitfalls for employers. All employment drug testing programs should be reviewed by an expert in drug testing or legal counsel.
These categories do not affect DOT-regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.
Split specimen testing is required. Testing is allowed with the following specimens – urine, blood, hair, and oral fluid.
Post-accident testing may occur only when administered by a person providing treatment, not at the employer’s request.
Employers are not required to permit or accommodate the use, consumption, possession, transfer, display, transportation, distribution, sale, or growing of marijuana in the workplace.
Workplace Drug Testing Laws in Iowa
|Drug Testing Issue||Status||Comments|
|Instant or POCT Testing||Restricted||Lab confirmation on non-negative instant results|
|Drug Panels||No Restrictions|
|Laboratory||License Required||SAMHSA DOT rules required|
|Medical Review Officer||Required||SAMHSA DOT rules required|
|Random Testing||No Restrictions|
Iowa’s private sector drug testing law—Iowa Code Section 730.5
A written policy is required for workplace drug testing.
Intoxication Defense – Iowa Code Ann. 85.16
Unemployment Denial – Iowa Code Ann. 96.5(2)
Intoxication Defense – Denial of Workers Compensation Claim – States vary in their willingness to allow employers to use an injured worker’s intoxication against a compensation claim. State laws’ intoxication defenses generally fall into one of three rough categories: reasons that do not depend on causation; defenses that require some form of proximate causation between intoxication and injury; and defenses that require that intoxication be the sole cause of injury. Always check with your insurance company and your attorney when you have a refusal or positive post-accident test after an injury.
This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local law vary greatly; therefore, you are advised to consult experienced legal counsel during the design of your actual substance abuse testing program and with any questions that follow.