In Case You Missed It:  Iowa Amended Its Private Sector Employee Drug Testing Statute

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Patricia Tsipras

August 13, 2025

Iowa state law does not require drug testing, but it does set guidelines for employers who choose to drug test.  Among other guidelines, Iowa private sector employers must have a written policy; allow for drug testing in only five situations (pre-employment, random, reasonable suspicion, post-accident, and post-rehabilitation); provide supervisor training; follow notice requirements upon receipt of positive test results; use certified laboratories; and pay the costs of such tests.

Effective July 1, 2025, Iowa amended its private sector employee drug testing law.  See Iowa House File 767.  Here are the key changes:

• With respect to notice to an applicant or employee of a positive test result, prior law required that the notice be provided via certified mail, return receipt requested. As of July 1, an employer may offer an employee the option to receive notifications and make requests in person or by electronic notification.
•  The law previously allowed for “a person” to be held liable for violations. Effective July 1, the law will hold “an employer”   An employer may be liable for affirmative relief, including reinstatement or hiring with or without back pay, as well as equitable relief, including injunctive relief, and reasonable (newly added language) attorney’s fees and court costs.
• As of July 1, the law now provides that the employee or applicant has the burden of proving by a preponderance of the evidence that an employer’s violation of the law directly caused the damages for which relief is sought. The amendment removed the previous burden on an employer of proving that it met the statutory requirements for drug testing.
• The law now clarifies that the employer may designate a position as safety-sensitive, i.e., a job wherein an accident could cause loss of human life, serious bodily injury, or significant property or environmental damage, including a job with duties that include immediate supervision of a person in a job that meets this definition.

Iowa Employers:  Review your job positions to determine which ones are safety-sensitive.  Safety-sensitive positions will allow you to conduct certain types of testing.  But, be careful.  Use the safety-sensitive designation based on job duties and not simply the work environment.  And designate such positions as safety-sensitive in writing for clarity.  Also ensure that your hiring and testing personnel are trained on the drug testing law and its amendments and that your employment policies and procedures are updated for compliance.

The author of this article, Patricia Tsipras, is a member of the Bar of Pennsylvania.  This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice in Pennsylvania, Iowa, or any other jurisdiction, nor does it establish an attorney-client relationship with any reader of the article where one does not exist.  Always consult an attorney with specific legal issues.