Iowa Updates

Drug Testing Law

1. Burden of Proof Shift: Employees or job applicants now bear the burden of proof in lawsuits alleging violations of the drug testing statute. Previously, employers had to prove compliance. Also, any awarded attorney’s fees must be “reasonable.”
2. Safety-Sensitive Designations: Employers can now designate which positions are “safety-sensitive” for random drug testing. This change gives deference to the employer’s designation, though it’s still recommended that such roles meet the statutory definition (i.e., roles where accidents could cause serious harm or damage).
3. Notification Flexibility: Employers may notify employees of positive drug test results via in-person exchange or electronic communication—if the employee consents.