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House Journal: Page 521: Wednesday, March 4, 1998

12   evidence, obtained in discovery, or disclosed in any
13   public or private proceeding, except as provided by
14   this section or in a proceeding related to an action
15   taken by an employer under this section or by an
16   employee under this section.
17     b.  An employee, or a prospective employee, who is
18   the subject of a drug or alcohol test conducted under
19   this section pursuant to an employer's written policy
20   and for whom a confirmed positive test result is
21   reported shall receive, at the same time the report is
22   issued to the employer, a copy of the report issued to
23   the employer and shall receive any records relating to
24   the employee's drug or alcohol test, including records
25   of the laboratory where the testing was conducted and
26   any records relating to the results of any relevant
27   review by a medical review officer.
28     12.  CIVIL REMEDIES.  This section may be enforced
29   through a civil action.
30     a.  A person who violates this section or who aids
31   in the violation of this section, is liable to an
32   aggrieved employee or prospective employee for
33   affirmative relief including reinstatement or hiring,
34   with or without back pay, or any other equitable
35   relief as the court deems appropriate including
36   attorney fees and court costs.
37     b.  When a person commits, is committing, or
38   proposes to commit, an act in violation of this
39   section, an injunction may be granted through an
40   action in district court to prohibit the person from
41   continuing such acts.  The action for injunctive
42   relief may be brought by an aggrieved employee or
43   prospective employee, the county attorney, or the
44   attorney general.
45     In an action brought under this subsection alleging
46   that an employer has required or requested a drug or
47   alcohol test in violation of this section, the
48   employer has the burden of proving that the
49   requirements of this section were met.
50     13.  OFFENSES.  Samples collected, information

Page 11

 1   provided by an employee or prospective employee
 2   pursuant to subsection 6, paragraph "c", subparagraph
 3   (2), and the results of drug or alcohol testing shall
 4   be used solely for the purpose of conducting drug or
 5   alcohol testing pursuant to this section and shall not
 6   be sold, transferred, or disseminated, to any person
 7   for any purpose not expressly authorized by this
 8   section.  A person who violates this subsection
 9   commits a simple misdemeanor and, notwithstanding
10   section 903.1, if a monetary fine is imposed, the fine
11   shall be one hundred dollars.  Each violation of this

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