2018-038A - Laserfiche WebLink

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Explanation for Employee/Job Applicant: Within five (5) working days after _ receipt of notice of a positive confirmed test result, the employee/job applicant may submit information to the Medical Review Officer ("MRO') and the employer explaining or contesting the test results and stating. why the test results do not constitute a violation of the employer's policy. If this explanation is unsatisfactory, the Company must, within fifteen (15). days of receipt of the explanation or challenge, provide the employee/job applicant with a written explanation as to why the employee's explanation is unsatisfactory along with the report of the positive confirmed test results DFW-9. This documentation shall be kept confidential by the Company and shall be retained by them for at least a year. If the employee wishes to challenge a confirmed drug test result that was requested .as a result of a work place accident, the employee may file an administrative challenge by filing a claim for benefits with a Judge of Compensation Claims. if no workplace accident occurred, the confirmed positive test result of the employee/job applicant may be challenged in a court of competent jurisdiction. Collection of Specimens: All specimens collected and tested for drugs shall be collected with the privacy interests of the individual in mind and shall be documented according to those procedures..preseribed in Florida Statute § 440.102(5). Moreover, collection and testing will be accomplished by a licensed clinical laboratory and _ according to.. those_ procedures provided by Florida_ Statutes -§ 440.102(9). In accordance with Florida Statutes § 440.102(5)(g), tlie:laboratory. is required to preserve the specimen that produces a positive confirmed test result for a period of at least 210 days after. the results of the positive confirmation are mailed or otherwise delivered to the MRO. Within 180 days after written notification of a positive test result, the employee/job applicant may have a portion of the specimen retested at the employee/job applicant's expense at another laboratory.' The second laboratory test must be of equal or greater sensitivity as the first laboratory test, licensed and approved by the agency for Health Care Administration. The first laboratory shall be responsible for the transfer of a portion of the specimen to be retested to the second laboratory and for the integrity of the chain of custody doing the transfer. Right to Consult with Laboratory: If any initial drug test of an employee/job applicant is confirmed as positive, the employer's MRO shall provide technical assistance for the purpose of interpreting the test results to determine whether the result could have been caused by prescription and non-prescription medication taken by the employee/job applicant.