(A) Under no circumstances, unless required or authorized by law, will alcohol or drug testing information or results for any employee or applicant be released without written request from the applicable employee.
(B) The town may release information as follows:
(1) Copies of the results of alcohol or drug testing to an identified person provided that the employee has provided written consent.
(2) Copies of information requested by the Secretary of Transportation, any DOT agency, or any state or local official with regulatory control over the town or any of its employees.
(3) The results of post-accident testing when requested by the National Transportation Safety Board as part of an accident investigation.
(4) Legal proceedings to include:
(a) Lawsuits (e.g., wrongful discharge action).
(b) Grievances (e.g., an arbitration concerning disciplinary action taken by the employer).
(c) Administrative proceedings (e.g., an unemployment compensation hearing) brought on by, or on behalf of, an employee and resulting from a positive DOT drug test or alcohol test or a refusal to test (including, but not limited to, adulterated or substituted test results).
(d) Criminal or civil actions—to the decision maker in the proceeding (e.g., the court in the lawsuit).
(C) Employees are entitled, upon written request, to obtain copies of any records pertaining to their use of alcohol or controlled substances, including any records pertaining to his or her alcohol or controlled substance tests.
(Ord. 2-2018, passed 3-25-2018)