123:1-76-13. Appeal of drug test results

(A) Employees who have a positive drug test result may ask for a retest of the original specimen according to procedures and specifications of applicable federal regulations, or in the absence of such regulations, any governing collective bargaining agreement or, in the absence of such agreement, according to procedures and specifications of the director of the department of administrative services. The laboratory performing such a retest shall be certified by the federal department of health and human services.

(B) Any such retest shall be at the expense of the employee.

(C) An employee request for a retest shall not delay the imposition of appropriate disciplinary action or referral to an alcohol and/or drug abuse rehabilitation program.

Five Year Review (FYR) Dates: 6/1/2018 and 01/15/2022
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.09 , 124.34
Prior Effective Dates: 06/14/1992, 07/26/2002

Prior History: (R.C. 119.032 review dates: 01/31/2012 and 01/15/2017
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.09, 124.34
Prior Effective Dates: 6/14/92, 7/26/02 )