A. Records of all drug and alcohol test results and related information maintained by the employer shall be the property of the employer and, upon the request of the applicant or employee tested, shall be made available for inspection and copying to the applicant or employee. Except as provided in subsection B of this section, an employer shall not release such records to any person other than the applicant, employee or the review officer.
B. Records of all drug and alcohol test results and related information maintained by the employer may be released by the employer for any of the following purposes:
1. As admissible evidence by an employer or the individual tested in a case or proceeding before a court of record or administrative agency if either the employer or the individual tested are named parties in the case or proceeding;
2. In order to comply with a valid judicial or administrative order; or
3. To an employer's employees, agents and representatives who need access to such records in the administration of the Standards For Workplace Drug and Alcohol Testing Act.
C. A testing facility, or any agent, representative or designee of the facility, or any review officer, shall not disclose to any employer, based on the analysis of a sample collected from an applicant or employee for the purpose of testing for the presence of drugs or alcohol, any information relating to the general health, pregnancy or other physical or mental condition of the applicant or employee.
A testing facility shall release the results of the drug or alcohol test, and any analysis and information related thereto, to the individual tested upon request.
Added by Laws 1993, c. 355, § 10, emerg. eff. June 10, 1993. Amended by Laws 2011, c. 180, § 7, eff. Nov. 1, 2011; Laws 2012, c. 196, § 20, emerg. eff. May 8, 2012.
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