06/10/1996 Council Packet - Laserfiche WebLink

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L. Confidentiality and Privilege 1. Test result reports and other information acquired in the drug or alcohol testing process are considered private data on individuals as defined in Minnesota Statute 13.02, subd. 12. 2. Test results and other information acquired in the drug or alcohol testing process shall not be disclosed to a third party individual, governmental agency, or private organization without the written consent of the employee or job applicant. 3. Notwithstanding paragraphs A and B of this section, evidence of a positive test result on a confirmatory test may be: (1) used in an arbitration proceeding pursuant to a collective bargaining agreement, an administrative hearing under Chapter 43A or other applicable state or local law, or a judicial proceeding, provided that information is relevant to the hearing or proceeding; (2) disclosed to any federal agency or other unit or the United States Government as required under federal law, regulation, or order, or in accordance with compliance requirements of a federal government contract; (3) disclose to a substance abuse treatment facility for the purpose of evaluation or treatment of the employee; and (4) to the consulting or treatment professional or drug evaluator. 4. Positive test results acquired under this drug and alcohol testing program may not be used as evidence in a criminal action against the employee or job applicant tested. M. Appeal Process 1. When disciplinary action has been taken pursuant to this policy, the employee may have appeal procedures available under the terms of a labor agreement,or under the terms of the City Personnel Policy 2. An employee who is a veteran may have additional rights under the Veteran's Preference Act, Minnesota Statute 197.46.