163.07 RETENTION AND RELEASE OF RECORDS.

   (a)   General Release: The City of Aurora shall ensure that all records related to the administration and results of the drug and/or alcohol testing program for its drivers subject to the testing requirements are maintained for:

      (1)   Alcohol test results indicating a breath alcohol concentration of 0.02 or greater for 60 months.

      (2)   Verified positive controlled substance test results for 60 months.

      (3)   Refusals to submit to required alcohol or controlled substance tests for 60 months.

      (4)   Records related to the collection process (except calibration) and required training for 24 months.

      (5)   Negatives and canceled controlled substance test results for 12 months.

      (6)   Alcohol test results indicating a breath alcohol concentration less than 0.02 for 24 months.

      (7)   Any and all other records relating to the administration and results of this alcohol and drug testing program shall be retained for 60 months.

   (b)   MRO Record Retention:

      (1)   The MRO shall maintain all dated records and notifications for a verified positive controlled substance test results, identified by individual, for a period of five years.

      (2)   The MRO shall maintain all dated records and notifications for negative and canceled controlled substances test results, identified by individual, for a period of one year.

   (c)   Records Release Restrictions:

      (1)   No person, other than the covered employee who was the subject of the test(s), may obtain the information by the Employer, and the City of Aurora shall not release such information about any employee or previous employee, without first obtaining written authorization from the tested employee. The covered employee who was the subject of the test(s) is entitled to be provided with a copy of his records relating to such drug and alcohol testing, free of charge.

      (2)   The MRO shall not release the individual controlled substances test results of any driver to any person without a specific, written authorization from the tested driver. However, this shall not prohibit the MRO from releasing results to the Employer or Federal, State, or Local officials with regulatory authority over the controlled substances testing program.

   (d)   Release of Alcohol and Controlled Substances Test Information by Previous Employers:

      (1)   The City of Aurora may obtain from any previous employer of a driver, provided the driver has given his/her written consent, any information concerning the driver's participation in a controlled substances and alcohol testing program.

      (2)   The City of Aurora must obtain and review the information listed below from any previous employer the driver performed safety-sensitive functions for in the previous two years. The information must be obtained and reviewed no later than 14 days after the first time a driver performs safety-sensitive functions. The information obtained must include:

         A.   Information on the driver's alcohol test in which a breath alcohol concentration of 0.04 or greater was indicated.

         B.   Information on the driver's controlled substances test in which a positive result was indicated.

         C.   Any refusal to submit to a required alcohol or controlled substance test.

      (3)   If the driver stops performing safety-sensitive functions for the employer before expiration of the 14-day period or before the employer has obtained the information listed above, the City of Aurora must still obtain the information.

      (4)   The release of this information may take the form of personal interviews, telephone interviews, letters, or any other method that ensures confidentiality. The City of Aurora must maintain a written, confidential record with respect to each past employer contacted.

      (5)   The City of Aurora may not use a driver to perform safety-sensitive functions if the City of Aurora obtains information indicating the driver has tested positive for controlled substances, tested at or above 0.04 breath alcohol concentration, or refused to test unless the City of Aurora has evidence the driver has been evaluated by a SAP, completed any required counseling, passed a return-to-duty test, and been subject to follow-up testing.

         (Ord. 1995-215. Passed 12-18-95.)