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 730.5, is 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 request of the employer.
Employers are not required to permit or accommodate the use, consumption, possession, transfer, display, transportation, distribution, sale, or growing of marijuana in the workplace.
On 02/26/2021 Iowa passed a law making it a criminal offense with penalties for cheating or defrauding a drug or alcohol test. See House Bill 283.
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|
|Reasonable Suspicion||No Restrictions|
|Oral Fluids||Restrictions||Split specimen required|
|Hair Testing||Allowed as of 07/01/2017||As of 07/01/2017 - The Iowa Department of Public Health is currently in the process of formulating administrative rules to govern the testing of hair for drugs of abuse.|
|Unemployment Denial||Yes||Must have drug free workplace policy, terminate for misconduct violating the policy.|
|Workers Comp Discount||No|
|Intoxication Defense||Yes||No claim will be paid if the injury caused by the employee's intoxication, which did not arise out of and in the course of employment but which was due to the effects of alcohol or another narcotic, depressant, stimulant, hallucinogenic, or hypnotic drug not prescribed by an authorized medical practitioner, if the intoxication was a substantial factor in causing the injury. Iowa Code Ann. 85.16|
|Report Driver DOT Positives||No|
|General Statute||Iowa law doesn't require drug testing, nor does it encourage or discourage testing. The purpose of the State of Iowa's private sector drug testing law Iowa Code Section 730.5 (& Iowa Administrative Code Section 641) is to enhance worker safety by creating workplaces that are free of drugs and substance abuse or misuse. Private sector drug or alcohol testing is optional in Iowa. However, employers who choose to test can do so only after developing and disseminating a written policy.|
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 as a defense against a claim for compensation. State laws’ intoxication defenses generally fall into one of three rough categories: defenses 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 varies greatly; therefore, you are advised to consult experienced legal counsel during the development or edit of your actual substance abuse testing program and with any questions that follow.
State Law Iowa