Are You Drug Testing? Make Sure to Comply with Law

If you are a private Iowa company that drug tests your prospective or current employees it is important that you pay attention Iowa Code section 730.5. This statute sets forth the obligations of private sector employers involving drug testing in Iowa. I have dealt with several employers who were surprised by the requirements of Iowa Code 730.5. Does your company have a written policy specifically for drug testing? Do you conduct random testing? If an employee tests positive are you prepared to allow that employee to go for drug treatment? These are just a few considerations addressed in the statute.

Before deciding to drug test you should make sure you review the requirements of Iowa Code 730.5 with your lawyer. Performing drug tests may be necessary in your business but you need to make sure you are acting within the requirements of the law. Mistakes could be very costly and subject you to significant liability.

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Update:  See post regarding Iowa Supreme Court decision on drug testing in August 2006.