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House Journal: Page 483: Wednesday, March 4, 1998

16   test for a current employee is reported to the
17   employer by the medical review officer, the employer
18   shall notify the employee in writing by certified
19   mail, return receipt requested, of the results of the
20   test, the employee's right to request and obtain a
21   confirmatory test of the second sample collected
22   pursuant to paragraph "b" at an approved laboratory of
23   the employee's choice, and the fee payable by the
24   employee to the employer for reimbursement of expenses
25   concerning the test.  The fee charged an employee
26   shall be an amount that represents the costs
27   associated with conducting the second confirmatory
28   test, which shall be consistent with the employer's
29   cost for conducting the initial confirmatory test on
30   an employee's sample.  If the employee, in person or
31   by certified mail, return receipt requested, requests
32   a second confirmatory test, identifies an approved
33   laboratory to conduct the test, and pays the employer
34   the fee for the test within seven days from the date
35   the employer mails by certified mail, return receipt
36   requested, the written notice to the employee of the
37   employee's right to request a test, a second
38   confirmatory test shall be conducted at the laboratory
39   chosen by the employee.  The results of the second
40   confirmatory test shall be reported to the medical
41   review officer who reviewed the initial confirmatory
42   test results and the medical review officer shall
43   review the results and issue a report to the employer
44   on whether the results of the second confirmatory test
45   confirmed the initial confirmatory test as to the
46   presence of a specific drug or alcohol.  If the
47   results of the second test do not confirm the results
48   of the initial confirmatory test, the employer shall
49   reimburse the employee for the fee paid by the
50   employee for the second test and the initial

Page 7

 1   confirmatory test shall not be considered a confirmed
 2   positive drug or alcohol test for purposes of taking
 3   disciplinary action pursuant to subsection 10.
 4     (2)  If a confirmed positive drug or alcohol test
 5   for a prospective employee is reported to the employer
 6   by the medical review officer, the employer shall
 7   notify the prospective employee in writing of the
 8   results of the test, of the name and address of the
 9   medical review officer who made the report, and of the
10   prospective employee's right to request records under
11   subsection 13.
12     j.  A laboratory conducting testing under this
13   section shall dispose of all samples for which a
14   negative test result was reported to an employer
15   within five working days after issuance of the

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URL: /DOCS/GA/77GA/Session.2/HJournal/00400/00483.html
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