The Iowa drug testing statute (Iowa Code § 730.5) became more employer friendly effective July 1, 2025. Although the Iowa drug testing law remains one of the most technically challenging in the country, the changes will make it easier for employers to defend lawsuits.

Burden of Proof

The Iowa drug testing law previously required employers to prove that the requirements of the drug testing law were met in the event an employee alleged a violation. The amendments state that an aggrieved employee or applicant “has the burden of establishing by a preponderance of the evidence that a violation … directly caused any damages for which affirmative relief is sought.”

The amendments provide that “[a]n employer” who violates the law or aids in the violation is liable to an aggrieved employee or prospective employee. Previously, the law permitted claims against “[a] person” who violated the law or aided in the violation.

The amendments also qualify that attorney’s fees awarded to an aggrieved employee or applicant must be “reasonable.”

Written Notices

Under the Iowa drug testing statute, employers are required to provide:

(1) Written notice to employees who test positive for drugs or alcohol; and

(2) For applicants and employees who are minors, a copy of the employer’s drug testing policy and written notice of positive test results to their parent.

These notices previously were required to be sent by certified mail, return receipt requested. (The Iowa Supreme Court had held that employers violated the statute by failing to provide prompt written notice of a positive test by certified mail, return receipt requested.) The prior version of the law also required employees who wished to request a retest of their specimen to inform the employer in writing by certified mail, return receipt requested.

As amended, employers may give applicants, employees, and minor applicants and employees (as well as their parents) the option of notice by “in-person exchange of materials or by electronic notification” or by certified mail, return receipt requested. Employees (including minor employees and their parents) can make this selection at the time of hire, and applicants and minor applicants (and their parents) can make this selection at the time a conditional job offer is made.

Safety Sensitive

Finally, the amendments modify the definition of safety-sensitive position. The law previously defined “safety-sensitive position” as “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 safety-sensitive position.”

As amended, a safety-sensitive position is “a position designated by the employer as one 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 safety-sensitive position.” As such, employers should consider designating safety-sensitive positions in writing for clarity and consistency. This designation is important because the Iowa drug testing law limits certain types of tests to safety-sensitive employees.

Employers should review their policies and procedures to determine whether any updates are needed in light of these amendments. Please contact a Jackson Lewis attorney with any questions.