(A) Every effort will be made to ensure that all employees substance abuse problems will be discussed in private and actions taken will not be made known to anyone other than those directly involved in taking the action or who are required to be involved in the disciplinary procedure.
(B) (1) Only one person in the employee’s department will be designated to receive testing results.
(2) He or she will notify other managers of the town strictly on a “need-to-know basis.”
(C) (1) No laboratory or medical reports or test results shall appear in an employee’s personnel folder. Information of this nature will be included in the medical file.
(2) The inside cover of the personnel folder will contain a marker to show that this information is contained elsewhere.
(D) (1) All necessary measures shall be taken to keep the fact and the results of the test confidential.
(2) Use of results:
(a) A medical review officer (MRO) shall interview the employee concerning the test results within five days. The employee will be given an opportunity to explain and substantiate his or her use of legal drugs (prescription or over-the-counter) or other substances which may have resulted in a positive test result;
(b) The MRO shall inform the employee of his or her right to have a second confirmatory test at a second D.H.H.S. approved laboratory. This second confirmatory test shall be at the employee’s expense. The employee shall have 72 hours within which to request the confirmatory test. If the results of the two tests differ, the employee will benefit from the results of the test most favorable to the employee; and
(c) The manager or supervisor shall take appropriate actions based upon the evaluation.
(Ord. 1-2004, passed 2-9-2004)