Iowa Drug Testing Law Must be followed to the Letter Court Says

In an opinion released in mid August, the Iowa Supreme Court reiterated to employers in the state that if they wish to test employees for drugs, they must strictly follow the provisions of Iowa’s drug testing law.  The case involved an employee who tested positive for marijuana and was fired but sued for wrongful discharge, claiming she had not received a copy of the employer’s drug testing policy as required by chapter 730.5 of the Iowa Code.

Background

Jeri McVey worked for National Organization Service, Inc. (NOS).  When she reported for work on July 9, 2003, she was subjected to a random drug test.  It came back positive for the presence of marijuana and her employment was terminated.  She subsequently filed suit against NOS alleging that the drug test did not follow the statutory requirements for employee drug testing and asked for reinstatement to her job and damages.

The trial court granted summary judgment for the employer.  NOS produced a written copy of its drug testing policy but McVey denied receiving it.  The Iowa Supreme Court reversed the lower court, ruling that McVey was entitled to a trial on the issue of whether she had in fact received a copy of her employer’s drug testing policy.

Drug Testing Requirements

In its opinion, the Supreme Court noted that among the detailed requirements for employee drug testing that are contained in section 730.5, it is provided that drug testing shall be carried out within the terms of a written policy that has been provided to every employee and is available for review.  The Court reaffirmed its holding from a previous drug testing case that a discharge from employment may be based on an employee drug-testing program only if that program is being carried out in compliance with the drug-testing statutes.

McVey had also argued that her employer’s drug testing policy was not in compliance with the law because it did not contain uniform requirements for what disciplinary or rehabilitation actions an employer shall take against an employee or prospective employee upon receipt of a confirmed positive drug test.  Although it did not rule on that issue (leaving it for the trial court to determine), the Court stated that such a provision was an essential requirement of a drug testing policy under Iowa law.

Employer Advice

The Supreme Court has made it clear that in order to terminate or discipline an employee under the statutory authority of Iowa’s drug testing law, all the detailed requirements of that law must be followed.  Section 730.5(9)(a)(1) provides that any drug testing shall be carried out within the terms of a written policy which has been provided to every employee subject to testing, and is available for review by employees and prospective employees.

In this case, it was not enough for NOS to produce a written copy of its drug testing policy.  Since McVey denied receiving a copy of it, there was a dispute on this issue that had to be resolved at trial.  The Court did not indicate the manner in which the employer could prove it provided the employee a copy of their drug testing policy.  The practice HR-OneSource follows whenever preparing an employee handbook which contains a drug testing policy, is to always include an acknowledgment for the employee to sign to show they received a written copy of the policy.  A copy of such an acknowledgment should be kept in the employee’s personnel file.

Employers with operations in more than one state need to be aware that drug testing requirements vary from state to state but most are exacting in what procedures must be followed.  Make sure your policies are compliant with state laws and ensure that the local staff administering the drug tests is trained in the requirements of that particular jurisdiction.

For help developing or carrying out an employee drug testing program, please contact Clint Davis at HR-OneSource.  515-221-1718 or davisc@hr-onesource.com.