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8 <br />consent of the employee or job applicant, with the following <br />exceptions: <br /> <br />1. Evidence of a positive test result on a confirmatory test may be <br />used in an arbitration proceeding pursuant to a collective <br />bargaining agreement, in an administrative hearing, or in a <br />judicial proceeding, where the test result is relevant to the hearing <br />or proceeding. <br /> <br />2. Evidence of a positive test result on a confirmatory test may be <br />disclosed to any federal agency or United States government unit <br />as required under federal law, regulation or order, or in <br />accordance with compliance requirements of a federal <br />government contract. <br /> <br />3. Evidence of a positive test result on a confirmatory test may be <br />disclosed to a substance abuse treatment facility for the purpose <br />of evaluation or treatment of the employee. <br /> <br />d. Positive test results from the City’s drug and alcohol testing program <br />will not be used as evidence in a criminal action against the <br />employee or job applicant tested. <br /> <br />e. All results of alcohol tests will be maintained in confidential medical <br />files, separate from employees' personnel files. <br />