Sec. 10.10.10.08. Protections for Job Applicants, Employees, and Contractors

A. Notice of Positive Test Results.

(1) An employer who requires a job applicant, employee, or contractor to be tested for job-related reasons for the use or abuse of a controlled dangerous substance or alcohol and who receives notice that a job applicant, employee, or contractor has tested positive for a controlled dangerous substance or alcohol shall provide to the job applicant, employee, or contractor with a confirmed positive test result:

(a) A copy of the laboratory test indicating the test results;

(b) A copy or written summary of the employer's policy covering an employee, contractor, or job applicant with a confirmed positive test result;

(c) If applicable, written notice of the employer's intent to take disciplinary action, terminate employment, or change the conditions of continued employment; and

(d) A statement or copy of the provisions set forth in §B of this regulation permitting a job applicant, employee, or contractor to request independent testing of the same sample for verification of the test result.

(2) The employer shall deliver the information required to be provided under §A of this regulation to the job applicant, employee, or contractor:

(a) Either in person or by certified mail; and

(b) Within 7 days from the date confirmed positive test results are received by the employer.

B. Right to an Independent Test.

(1) Challenge. A job applicant, employee, or contractor who is required to submit to job-related alcohol or controlled dangerous substances testing may request that an independent test be performed on the same specimen in a confirmation test by:

(a) Notifying the employer and the laboratory that performed the confirmation test of the challenge to that test result; and

(b) Requesting that laboratory to submit a sufficient portion of the original specimen to a different laboratory chosen by the job applicant, employee, or contractor and licensed by the Secretary to perform alcohol or controlled dangerous substances testing.

(2) Testing Sensitivity. The job applicant, employee, or contractor shall employ as an independent testing laboratory one that will perform the independent test using detection levels for alcohol or controlled dangerous substances equal to or lower than those provided by the laboratory that performed the initial confirmation test.

(3) Costs. The job applicant, employee, or contractor shall pay all costs of independent testing including any costs associated with specimen handling and transport.