Confidentiality

(1) Information concerning drug or alcohol test results may be shared between representatives of the covered employer, laboratories, medical review officers, employee assistance programs, drug or alcohol rehabilitation programs, and their agents, and utilized by legal counsel relative to a workers’ compensation claim, but shall otherwise be kept confidential. (2) A covered employer, agent of such employer, or laboratory conducting a drug or alcohol test may share employee drug or alcohol test information or use such information when consulting with legal counsel, who may utilize the information relative to a workers’ compensation claim. Management may share information as is reasonably necessary for DRUG FREE WORKPLACE PROGRAMS CHAPTER 0800-02-12 making disciplinary decisions relating to violations of drug or alcohol standards of conduct adopted by an employer.