Determination by the commissioner

Not later than ninety (90) days after the completion of the investigation the Commissioner shall make a determination and furnish a copy of such determination to the employee or his representative, including the collective bargaining agent, and the employer or his representative, directly affected by the determination. A copy of such determination shall be posted by the employer in a conspicuous location accessible to employees at the worksite affected. No determination of an occupation as a high-risk or safety-sensitive occupation shall create any obligation to institute or implement a program of random urinalysis drug testing. No such determination shall in itself constitute a bar to the limiting or discontinuing of a program of random urinalysis drug testing.