23-493.07. Causes of action based on test results

A. No cause of action is or may be established for any person against an employer who has established a program of drug testing or alcohol impairment testing in accordance with this article, unless the employer's action was based on a false positive test result and the employer knew or clearly should have known that the result was in error and ignored the true test result because of reckless or malicious disregard for the truth or the wilful intent to deceive or be deceived.

B. In any claim, including a claim under this article, if it is alleged that an employer's action was based on a false positive test result:

1. There is a rebuttable presumption that the test result was valid if the employer complied with the provisions of this article.

2. The employer is not liable for monetary damages if its reliance on a false positive test result was reasonable and in good faith.

C. There is no employer liability for any action taken related to a false negative drug test or alcohol impairment test.