AFSCME Contract - MMB Home - Minnesota Management & Budget

3. The right to access information in the subject's personnel or drug and alcohol file relating to
positive test result reports and other information acquired in the drug and alcohol testing
process, and conclusions drawn from and actions taken based on the reports or acquired
information. An employee who is the subject of a drug and alcohol test shall, upon written
request to the Medical Review Officer, have access to any records relating to his or her
drug or alcohol test;
4. The right of an employee who has made a timely request for a confirmation retest to suffer
no adverse personnel action if the confirmation retest does not confirm the result of the
original confirmation test, using the same drug or alcohol threshold detection levels as used
in the original confirmation test.
7. DATA PRIVACY
The purpose of collecting urine or breath is to test that sample for the presence of drugs or
alcohol. A sample provided for drug or alcohol testing will not be tested for any other purpose.
The name, initials, and employee identification number of the person providing the sample are
requested so that the sample can be identified accurately but confidentially. Information about
medications and other information relevant to the reliability of, or explanation for, a positive test
result is requested to ensure that the test is reliable and to determine whether there is a valid
medical reason for any drug or alcohol in the sample. The Appointing Authority will not
disclose the test result reports and other information acquired in the drug or alcohol testing
process to another Appointing Authority or employer or to a third party individual, government
agency, or private organization without the written consent of the person tested, unless
permitted by law or court order. An Appointing Authority will not disclose the test result reports
and other information acquired in the drug or alcohol testing process to other Appointing
Authorities unless the information is requested in connection with another drug test, or unless
disclosure is necessary to permit follow-up testing or return to work testing. All data on the
request for a test, the testing, and test results shall be kept separate from the regular personnel
files, in locked file cabinets, accessible only by those supervisors, managers or confidential
employees directly involved in the case.
8. RANDOM TESTING POOL
The employer shall establish a single pool of employees for random drug and alcohol testing.
This pool may include non-state employees.
9. SELECTION OF CONTRACTORS TO ADMINISTER POLICY
The employer may contract with appropriate firms to administer alcohol and controlled
substance tests. Requests for proposals shall be reviewed with the Union prior to issuance.
Employees shall be referred to substance abuse professionals under the State Drug and
Alcohol Testing Plan. If the employer does decide to administer alcohol or controlled
substance testing with state employees, no law enforcement personnel shall be used.
10. JOINT LABOR-MANAGEMENT OVERSIGHT COMMITTEE
The Union and the Employer agree to form a Joint Labor-Management Oversight Committee to
review the implementation of alcohol and controlled substance testing. The committee shall be
composed of eight representatives of the union and eight representatives of the employer. It
shall meet upon request.
2013-2015 AFSCME Contract – Page 181