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Areas of Practice: Workplace Drug Testing

Iowa law governs employers' testing of employees for drugs and alcohol in a detailed and comprehensive fashion. While employers are not required to carry out workplace drug and alcohol testing, those who choose to do so must follow specific guidelines. Among other things, those detailed guidelines address when an employer may do workplace testing; where, how, and when the collection of urine and/or blood specimens can occur; how the actual testing of the specimens is to be carried out; notification to an employee of the results; and the right to confirmatory testing.

Most employees in Iowa have protection under Iowa Code Section 730.5 (the workplace drug testing law), but some kinds of employees, like truck drivers, have extremely limited rights.

Litigation over workplace drug testing often results from tests which are not authorized under the law or those which do not properly take into account an employee's legitimate, legal use of medication. An employer who either fails to give proper notice to an employee of the test results or afford the employee the opportunity to challenge the initial test results may be liable for damages.

Has your employer infringed on your rights with drug testing that is beyond what is lawful? Contact us at LeGrant Law Firm, we can help!