Iowa: Updates to Drug Testing Law
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APPLIES TO All Employers with Employees in IA |
EFFECTIVE June 6, 2025 |
QUESTIONS? Contact HR On-Call |
Quick Look
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Discussion
HF 767 was recently enacted amending Iowa’s drug testing law. The amendments revise definitions, notice requirements, penalties, and the burden of proof.
The definition of a “safety-sensitive position” was revised to mean a position “designated by the employer” as one where an accident could cause loss of life, serious bodily injury, or significant property or environmental damage. This means that a safety-sensitive position designation is at the discretion of the employer. The amendments also changed the law to apply specifically to “employers” rather than individuals, such as managers or supervisors.
Currently, following a positive test result, an employer must notify the employee of the results of the test, and the employee’s right to a confirmatory test paid for by the employee. The employee must now request the second confirmatory test via certified mail, return receipt requested; a verbal, in-person request is not permitted. The amendment also says that in lieu of providing required notices via certified mail, return receipt requested, an employer may offer the employee the option to choose to communicate instead by in-person exchange of written materials or by electronic notification, including to satisfy notice requirements that the employee must provide.
The required burdens on the parties were also revised. An award of “reasonable” attorneys’ fees for statutory violations was qualified by placing the burden on the employee or applicant to prove by a preponderance of the evidence that a violation of the law directly caused any damages for which affirmative relief is sought. Additionally, the amendments also eliminated the employer’s burden to prove that the requirements of the law were met.
Action Items
- Have drug testing policies updated.
- Review jobs for safety-sensitive position designations.
- Have appropriate personnel trained on the requirements.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2025 ManagEase