Iowa's drug and alcohol testing law
Many Iowa workers may be subjected to drug and alcohol testing.
Iowa workers may be legally asked by their employer to provide a urine or breath sample during the application or employment process to assure that they are not using illegal drugs or abusing legal drugs.
Marijuana, cocaine and methamphetamine are usual testing targets, but the employer may test for alcohol and other legal and illegal substances.
Usually, drug testing occurs at the application stage. However, an employee who is involved in an accident at work and gives reasonable suspicion to the employer of drug abuse or illegal drug use can also be drug tested.
Random testing of private sector employees is also legal in Iowa.
Working for a public employer, state, local or federal, gives the employee certain constitutional protections and generally public sector employees can only be drug tested if they are performing safety-sensitive jobs.
EXCEPTION: Private or public sector workers who need a CDL (Commercial Drivers' License) to perform their job that are often drug tested by their employer under federal or state Department of Transportation guidelines.
In Iowa, testing is usually performed through urine testing. Breath testing for alcohol is also allowed. Blood testing may be done only in rare instances and hair testing is prohibited.
Drug testing laboratories are regulated by both federal and state regulations.
Iowa law requires employers to provide information to applicants and employees about their drug testing policies and the availability of drug treatment sources.
The applicant and employee both have the right to know the results of a positive drug test.
The Iowa employer who uses drug testing does not have to offer drug rehabilitation to the employee or applicant who tests positive.
An applicant may be refused employment and an employee may be fired after a positive drug test.
For workers represented by a union, drug and alcohol testing procedures are negotiable and may governed under the collective bargaining agreement.
Drug testing in Iowa is explained in Chapter 730.5 of the Code of Iowa.
An applicant or employee may sue their employer only under very limited circumstances and needs an attorney to pursue their claim.
For more information:
If subjected to a drug or alcohol test by your employer, you may wish to speak to an attorney.
If you're unable to afford an attorney, you may be able to receive assistance from the Legal Services Corporation of Iowa at 1-800-532-1275.
If represented by a union, contact your local union representative or steward.