Employee drug testing in Iowa receives further clarity

The Iowa Supreme Court recently issued important decisions about the state's private-sector drug-free-workplace statute. Iowa Code Section 730.5 is a complex statute containing numerous application pitfalls for employers. Read on to learn more about the consequential case.

Facts

Four employees in safety-sensitive positions at a Casey's General Stores distribution warehouse lost their jobs after random drug testing. At the time of the testing, two of the employees were on light-duty working in what was known as "the cage," an area of the warehouse surrounded by chain-link fencing on all sides. The other two workers operated forklifts and had duties that included lifting heavy objects.

Three of the employees tested positive and were terminated. The fourth failed to provide a sufficient sample and left the premises, which Casey's considered a voluntary resignation. All four then sued the employer, claiming it had violated Iowa's drug-testing statute. The arguments on appeal included:

• Whether the law requires strict or substantial compliance by Iowa employers;
• When employers are entitled to immunity under the statute;
• Scope of the safety-sensitive positions;
• Employees' right to present information relevant to the test; and
• When in the process employers are required to provide a list of drugs to be tested.

Statute requires substantial, not strict, compliance by employers