Reso 2011-1813 - Laserfiche WebLink

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years. The drug testing laboratory shall retain (in properly secured refrigerated or frozen storage) for a minimum period of 1 year, all confirmed positive specimens. Within this 1 year period the City, employee, job applicant, MRO or HRS may request in writing that the laboratory retain the specimen for an additional period of time. If no such request, or notice of challenge (See 83) is received, the laboratory may discard the specimen after 1 year of storage. 8. Challenges to Test Results 1. Within 5 working days after receiving notice of a positive, confirmed and verified test result from the City, the employee or job applicant may submit information to the City explaining or contesting the test results and why the results do not constitute a violation of this program. The employee or job applicant will be notified in writing if the explanation or challenge is unsatisfactory to the City. This written explanation will be given to the employee or job applicant within 15 days of receipt of the explanation or challenge, and will include why the employee's or job applicant's explanation is unsatisfactory, along with the report of positive results. All such documentation will be kept confidential and will be retained for at least 1 year. 2. Employees may challenge employment decisions made pursuant to this program as may be authorized by the City personnel policy or collective bargaining agreements. 3. When an employee or job applicant undertakes an administrative or legal challenge to the test results, it shall be the employee's or job applicant's responsibility to notify the City through its Human Resources Director and the laboratory, in writing, or such challenge and such notice shall include reference to the chain of custody specimen identification number. After such notification, the sample shall be retained by the laboratory until final disposition of the case or administrative appeal. 4. The Department of Health and Rehabilitative Services, employer or MRO detecting a false positive error shall immediately notify the laboratory and the employee's management representative to who the false positive test result was reported. C. Employee/Applicant Protection 1. During the 180 day period after the employee's or applicant's receipt of the City's written notification of a positive test result, the employee or applicant may request that the City have a portion of the specimen retested, at the employee's or applicant expense. The retesting must be done at another HRS licensed laboratory. The second laboratory must test at equal or greater sensitivity for the drug in question as the first laboratory. The first laboratory which performed the test for the City will be responsible for the transfer of the portion of the specimen to be retested, and for the integrity of the chain of custody for such transfer. 2. The drug testing laboratory will not disclose any information concerning the health or mental condition of the tested employee or job applicant. 3. The City will not request or receive from the testing facility any information concerning the personal health, habit or condition of the employee or job applicant including, but not limited to, the presence or absence of HIV antibodies in a worker's body fluids. SIB_Drug-Free_ Workplace_Program_-_ W-CDL Page 17 of4I 12/15/2011