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the individual is currently taking or has recently taken and any other information relevant to <br />the reliability of, or explanation for, a positive test result. Within three working days after <br />notice of a positive test result on a confirmatory test, the employee or prospective <br />employee may submit information to Visu-Sewer, in addition to any information already <br />submitted concerning a claim that the positive test result was the result of overthe-counter <br />or prescription medication, to explain that result, or may request a confirmatory retest of <br />the original sample at the employee's or prospective employee's own expense. <br />Confidentiality <br />Any and all tests results are considered private and shall be kept strictly confidential. <br />Visu-Sewer will not disclose tests results to another employer, a third-party individual, <br />governmental agency, or private organization without the written consent of the employee <br />or prospective employee tested. <br />Employee health care records and documentation shall be maintained in a file separate <br />from the employee's personnel file and treated as confidential information. Assess to the <br />employee's health care records and documentation shall be limited and results will not be <br />communicated to others outside of the employee's direct supervisory chain except when <br />necessary in connection with any legal reporting requirements placed upon Visu-Sewer by <br />government agencies imposing laws, regulations and guidelines for such reporting. Visu- <br />Sewer may disclose the results of all drug/alcohol tests to its legal counsel, decision <br />makers in a lawsuit, grievance, or other proceeding, including workers compensation or <br />unemployment compensation benefits claims. <br />Positive test results may not be used in a criminal action against the employee or <br />prospective employee. Exceptions to the privacy and confidentiality disclosure limitations <br />include: (1) use of the results in an administrative hearing, or judicial proceeding; (2) <br />disclosure of the results to a federal agency under federal law, regulation, or order, or <br />under federal contract compliance requirements; and (3) disclosure of the results to a <br />substance abuse treatment facility for the purpose of evaluation or treatment of the <br />employee. <br />EM ASSISTANCE P ROGRAM <br />Visu-Sewer's management is not qualified to diagnose,evaluate or counsel employees in <br />drug and alcohol related matters. Visu-Sewer will make information available as to <br />agencies that can assist the employee in obtaining confidential and professional assistance <br />in resolving problems that are affecting their personal lives or job performance. The <br />agencies will be staffed by qualified specialist who is qualified to deal with alcohol, drug <br />and medical problems. An employee who selects rehabilitation will comply with all <br />requirements of that program to completion. <br />ln the event of a positive test or a refusal to submit to testing, Visu-Sewer will provide a list, <br />upon request, of acceptable resources available to the employee for assessment and/or <br />treatment. Although such assessment and/or treatment is conducted at the sole expense <br />of the employee, Visu-Sewer requires that certified professionals actively involved in the <br />substance abuse field be utilized. <br />11