All the information and documentation compiled on an employee, including the results of the test to detect the presence of controlled substances, shall be confidential and shall be kept separate from the personnel file. Said information shall not be offered or admitted in evidence in a criminal suit against the employee, unless it is the employee who offers the same. The employers, laboratories, and employees of the rehabilitation program who have access to said information shall maintain the confidential nature thereof. The information shall not be disclosed, except to:
(a) The employee who has been submitted to the test;
(b) any representative authorized in writing by the employee;
(c) employees designated by the employer for such purposes;
(d) provides of treatment and rehabilitation plans for the user of drugs when the employee is under a treatment and rehabilitation plan.
The employer shall not require the laboratory to conduct other tests on the sample obtained from the employee not related to the detection of controlled substances. Neither may the laboratory conduct any analysis on the sample on their own initiative, other than that required by the employer.
History —Aug. 8, 1997, No. 59, § 6, eff. 180 days after Aug. 8, 1997.