23-493.09. Confidentiality of results; access to records

A. All communications received by an employer relevant to drug test or alcohol impairment test results and received through the employer's testing program are confidential communications and may not be used or received in evidence, obtained in discovery or disclosed in any public or private proceeding, except in a proceeding related to an action taken by an employer or employee under this article or except disclosure to:

1. The tested employee or prospective employee or any other person designated in writing by that employee or prospective employee.

2. Individuals designated by the employer to receive and evaluate test results or hear the explanation of the employee or prospective employee.

3. An arbitrator or mediator, or a court or governmental agency as authorized by state or federal law.

B. The tested employee has a right of access to the written test results that pertain to that individual, subject to the maintenance of confidentiality for other individuals.

C. Except as otherwise permitted by law, no sample taken for testing pursuant to this article shall be tested for any substance or condition except unlawful drugs or alcohol as defined in this article.