Agenda - Council Work Session - 04/11/2023

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HF100 NINTH ENGROSSMENT REVISOR BD 1-10100-9 231.1 that the individual is currently taking or has recently taken and any other information relevant 231.2 to the reliability of, or explanation for, a positive test result. 231.3 (c) Within three working days after notice of a positive test result on a confirmatory test, 231.4 the employee or job applicant may submit information to the employer, in addition to any 231.5 information already submitted under paragraph (b), to explain that result, or may request a 231.6 confirmatory retest of the original sample at the employee's or job applicant's own expense 231.7 as provided under subdivision 9. 231.8 Subd. 7. Notice of test results. Within three working days after receipt of a test result 231.9 report from the testing laboratory, an employer shall inform in writing an employee or job 231. i o applicant who has undergone drug or alcohol testing or cannabis testing of (1) a negative 231.11 test result on an initial screening test or of a negative or positive test result on a confirmatory 231.12 test and (2) the right provided in subdivision 8. In the case of a positive test result on a 231.13 confirmatory test, the employer shall also, at the time of this notice, inform the employee 231.14 or job applicant in writing of the rights provided in subdivisions 6, paragraph (b), 9, and 231.15 either subdivision 10 or 11, whichever applies. 231.16 Subd. 8. Right to test result report. An employee or job applicant has the right to 231.17 request and receive from the employer a copy of the test result report on any drug or alcohol 231.18 test or cannabis test. 231.19 Subd. 9. Confirmatory retests. An employee or job applicant may request a confirmatory 231.2o retest of the original sample at the employee's or job applicant's own expense after notice 231.21 of a positive test result on a confirmatory test. Within five working days after notice of the 231.22 confirmatory test result, the employee or job applicant shall notify the employer in writing 231.23 of the employee's or job applicant's intention to obtain a confirmatory retest. Within three 231.24 working days after receipt of the notice, the employer shall notify the original testing 231.25 laboratory that the employee or job applicant has requested the laboratory to conduct the 231.26 confirmatory retest or transfer the sample to another laboratory licensed under subdivision 231.27 1 to conduct the confirmatory retest. The original testing laboratory shall ensure that the 231.28 chain -of -custody procedures in subdivision 3 are followed during transfer of the sample to 231.29 the other laboratory. The confirmatory retest must use the same drug of, alcohol, or cannabis 231.30 threshold detection levels as used in the original confirmatory test. If the confirmatory retest 231.31 does not confirm the original positive test result, no adverse personnel action based on the 231.32 original confirmatory test maybe taken against the employee or job applicant. 231.33 Subd. 10. Limitations on employee discharge, discipline, or discrimination. (a) An 231.34 employer may not discharge, discipline, discriminate against, or request or require Article 6 Sec. 25. 231