Common use of RIGHTS OF EMPLOYEES Clause in Contracts

RIGHTS OF EMPLOYEES. Within three (3) working days after receipt of the test result report from the Medical Review Officer, the Employer shall inform in writing an employee who has undergone drug or alcohol testing of: A. A negative test result on an initial screening test or of a negative or positive test result on a confirmatory test; B. The right to request and receive from the Employer a copy of the test result report; C. The right to request within five (5) working days after notice of a positive test result a confirmatory retest of the original sample at the employee's expense at the original testing laboratory or another licensed testing laboratory; D. The right to submit information to the Employer’s Medical Review Officer within three (3) working days after notice of a positive test result to explain that result; indicate any over the counter or prescription medications that the employee is currently taking or has recently taken and any other information relevant to the reliability of, or explanation for, a positive test result; E. The right of an employee for whom a positive test result on a confirmatory test was the first such result for the employee on a drug or alcohol test requested by the Employer not to be discharged unless the employee has been determined by a Minnesota Licensed Alcohol and Drug Counselor (LADC) or a physician trained in the diagnosis and treatment of chemical dependency to be chemically dependent and the Employer has first given the employee an opportunity to participate in, at the employee's own expense or pursuant to coverage under an employee benefit plan, either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate, as determined by the Employer after consultation with a Minnesota LADC or a physician trained in the diagnosis and treatment of chemical dependency, and the employee has either refused to participate in the counseling or rehabilitation program or has failed to successfully complete the program, as evidenced by withdrawal from the program before its completion; F. The right to not be discharged, disciplined, discriminated against, or requested or required to undergo rehabilitation on the basis of a positive test result from an initial screening test that has not been verified by a confirmatory test; G. The right, if suspended without pay, to be reinstated with back pay if the outcome of the confirmatory test or requested confirmatory retest is negative; H. The right to not be discharged, disciplined, discriminated against, or required to be rehabilitated on the basis of medical history information revealed to the Employer concerning the reliability of, or explanation for, a positive test result unless the employee was under an affirmative duty to provide the information before, upon, or after hire; I. The right to review all information relating to positive test result reports and other information acquired in the drug and alcohol testing process, and conclusions drawn from and actions taken based on the reports or acquired information; J. The right to suffer no adverse personnel action if a properly requested confirmatory retest does not confirm the result of an original confirmatory test using the same drug or alcohol threshold detection levels as used in the original confirmatory test. K. The right to suffer no adverse personnel action based solely on the fact that the employee is requested to submit to a test.

RIGHTS OF EMPLOYEES. Within three (3) working days after receipt of the test result report from the Medical Review Officertesting laboratory, the Employer Appointing Authority shall inform in writing an employee who has undergone drug or alcohol testing of: A. a. A negative test result on an initial screening test or of a negative or positive test result on a confirmatory test; B. b. The right to request and receive from the Employer Appointing Authority a copy of the test result report; C. c. The right to request in writing within five (5) working days after notice of a positive test result a confirmatory retest of the original sample at the employee's expense at the original testing laboratory or another licensed testing laboratorylaboratory of the employee's choice. If the confirmatory retest does not confirm the original positive test result, no adverse personnel action based on the original confirmatory test may be taken against the employee; D. d. The right to submit information to the Employer’s Medical Review Officer Appointing Authority within three (3) working days after notice of a positive test result to explain that result; indicate any over the counter or prescription medications that the employee is currently taking or has recently taken and any other information relevant to the reliability of, or explanation for, a positive test result; E. e. The right of an employee employee, for whom a positive test result on a confirmatory test was the first such result for the employee on a drug or alcohol test requested required by the Employer Appointing Authority, not to be discharged unless the employee following condition has been determined by a Minnesota Licensed Alcohol and Drug Counselor (LADCmet: 1) or a physician trained in the diagnosis and treatment of chemical dependency to be chemically dependent and the Employer The Appointing Authority has first given the employee an opportunity to participate in, at the employee's own expense or pursuant to coverage under an employee benefit plan, either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate, appropriate as determined by the Employer after consultation with a Minnesota LADC certified chemical use counselor or a physician trained in the diagnosis and treatment of chemical dependency, and the . The employee may be discharged if he/she has either refused to participate in the counseling or rehabilitation program program, or has failed to successfully complete the program, program as evidenced by withdrawal from the program before its completion;completion or by a positive test result on a confirmatory test after completion of the program. A determination by the certified chemical use counselor or physician trained in the diagnosis and treatment of chemical dependency that no counseling or rehabilitation program is necessary fulfills the employee's above-specified obligation. F. f. The right to not be discharged, disciplined, discriminated against, or requested or required to undergo rehabilitation on the basis of a positive test result from an initial screening test that has not been verified by a confirmatory test; G. The right, if suspended without pay, to be reinstated with back pay if the outcome of the confirmatory test or requested confirmatory retest is negative; H. g. The right to not be discharged, disciplined, discriminated against, or required to be rehabilitated on the basis of medical history information revealed to the Employer Appointing Authority concerning the reliability of, or explanation for, a positive test result unless the employee was under an affirmative duty to provide the information before, upon, upon or after hire; I. h. The right to review all access to information in the subject's personnel file relating to positive test result reports and other information acquired in the drug and alcohol testing process, and conclusions drawn from and actions taken based on the reports or on acquired information; J. i. The right of an employee who has made a timely request for a confirmatory retest to suffer no adverse personnel action if a properly requested the confirmatory retest does not confirm the result of an the original confirmatory test test, using the same drug or alcohol threshold detection levels as used in the original confirmatory test. K. The right to suffer no adverse personnel action based solely on the fact that the employee is requested to submit to a test.

RIGHTS OF EMPLOYEES. Within three (3) working days after receipt of the test result report from the Medical Review Officertesting laboratory, the Employer Appointing Authority shall inform in writing an employee a nurse who has undergone drug or alcohol testing of: A. a. A negative test result on an initial screening test or of a negative or positive test result on a confirmatory test; B. b. The right to request and receive from the Employer Appointing Authority a copy of the test result report; C. c. The right to request in writing within five (5) working days after notice of a positive test result a confirmatory retest of the original sample at the employeenurse's expense at the original testing laboratory or another licensed testing laboratorylaboratory of the nurse's choice. If the confirmatory retest does not confirm the original positive test result, no adverse personnel action based on the original confirmatory test may be taken against the nurse; D. d. The right to submit information to the Employer’s Medical Review Officer Appointing Authority within three (3) working days after notice of a positive test result to explain that result; indicate any over the counter or prescription medications that the employee is currently taking or has recently taken and any other information relevant to the reliability of, or explanation for, a positive test result; E. e. The right of an employee a nurse, for whom a positive test result on a confirmatory test was the first such result for the employee on a drug or alcohol test requested required by the Employer Appointing Authority, not to be discharged unless the employee has following conditions have been determined by a Minnesota Licensed Alcohol and Drug Counselor (LADCmet: 1) or a physician trained in the diagnosis and treatment of chemical dependency to be chemically dependent and the Employer The Appointing Authority has first given the employee nurse an opportunity to participate in, at the employeenurse's own expense or pursuant to coverage under an employee a nurse benefit plan, either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate, appropriate as determined by the Employer after consultation with a Minnesota LADC certified chemical use counselor or a physician trained in the diagnosis and treatment of chemical dependency, and ; and 2) the employee nurse has either refused to participate in the counseling or rehabilitation program program, or has failed to successfully complete the program, program as evidenced by withdrawal from the program before its completion;completion or by a positive test result on a confirmatory test after completion of the program. A determination by the certified chemical use counselor or physician trained in the diagnosis and treatment of chemical dependency that no counseling or rehabilitation program is necessary fulfills the nurse's above-specified obligation. F. f. The right to not be discharged, disciplined, discriminated against, or requested or required to undergo rehabilitation on the basis of a positive test result from an initial screening test that has not been verified by a confirmatory test; G. The right, if suspended without pay, to be reinstated with back pay if the outcome of the confirmatory test or requested confirmatory retest is negative; H. g. The right to not be discharged, disciplined, discriminated against, or required to be rehabilitated on the basis of medical history information revealed to the Employer Appointing Authority concerning the reliability of, or explanation for, a positive test result unless the employee nurse was under an affirmative duty to provide the information before, upon, upon or after hire; I. h. The right to review all access to information in the subject's personnel file relating to positive test result reports and other information acquired in the drug and alcohol testing process, and conclusions drawn from and actions taken based on the reports or on acquired information; J. i. The right of a nurse who has made a timely request for a confirmatory retest to suffer no adverse personnel action if a properly requested the confirmatory retest does not confirm the result of an the original confirmatory test test, using the same drug or alcohol threshold detection levels as used in the original confirmatory test. K. The right to suffer no adverse personnel action based solely on the fact that the employee is requested to submit to a test.

RIGHTS OF EMPLOYEES. Within three (3) working days after receipt of the test result report from the Medical Review Officer, the Employer shall inform in writing an employee who has undergone drug or alcohol testing of: A. A negative test result on an initial screening test or of a negative or positive test result on a confirmatory test; B. The right to request and receive from the Employer a copy of the test result report; C. The right to request within five (5) working days after notice of a positive test result a confirmatory retest of the original sample at the employee's expense at the original testing laboratory or another licensed testing laboratory; D. The right to submit information to the Employeremployer’s Medical Review Officer within three (3) working days after notice of a positive test result to explain that result; indicate any over the counter or prescription medications that the employee is currently taking or has recently taken and any other information relevant to the reliability of, or explanation for, a positive test result; E. The right of an employee for whom a positive test result on a confirmatory test was the first such result for the employee on a drug or alcohol test requested by the Employer not to be discharged unless the employee has been determined by a Minnesota Licensed Alcohol and Drug Counselor (LADC) or a physician trained in the diagnosis and treatment of chemical dependency to be chemically dependent and the Employer has first given the employee an opportunity to participate in, at the employee's own expense or pursuant to coverage under an employee benefit plan, either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate, as determined by the Employer after consultation with a Minnesota LADC or a physician trained in the diagnosis and treatment of chemical dependency, and the employee has either refused to participate in the counseling or rehabilitation program or has failed to successfully complete the program, as evidenced by withdrawal from the program before its completion; F. The right to not be discharged, disciplined, discriminated against, or requested or required to undergo rehabilitation on the basis of a positive test result from an initial screening test that has not been verified by a confirmatory test; G. The right, if suspended without pay, to be reinstated with back pay if the outcome of the confirmatory test or requested confirmatory retest is negative; H. The right to not be discharged, disciplined, discriminated against, or required to be rehabilitated on the basis of medical history information revealed to the Employer concerning the reliability of, or explanation for, a positive test result unless the employee was under an affirmative duty to provide the information before, upon, or after hire; I. The right to review all information relating to positive test result reports and other information acquired in the drug and alcohol testing process, and conclusions drawn from and actions taken based on the reports or acquired information; J. The right to suffer no adverse personnel action if a properly requested confirmatory retest does not confirm the result of an original confirmatory test using the same drug or alcohol threshold detection levels as used in the original confirmatory test. K. The right to suffer no adverse personnel action based solely on the fact that the employee is requested to submit to a test.

RIGHTS OF EMPLOYEES. ‌ Within three (3) working days after receipt of the test result report from the Medical Review Officertesting laboratory, the Employer Appointing Authority shall inform in writing an employee a nurse who has undergone drug or alcohol testing of: A. a. A negative test result on an initial screening test or of a negative or positive test result on a confirmatory test; B. b. The right to request and receive from the Employer Appointing Authority a copy of the test result report; C. c. The right to request in writing within five (5) working days after notice of a positive test result a confirmatory retest of the original sample at the employeenurse's expense at the original testing laboratory or another licensed testing laboratorylaboratory of the nurse's choice. If the confirmatory retest does not confirm the original positive test result, no adverse personnel action based on the original confirmatory test may be taken against the nurse; D. d. The right to submit information to the Employer’s Medical Review Officer Appointing Authority within three (3) working days after notice of a positive test result to explain that result; indicate any over the counter or prescription medications that the employee is currently taking or has recently taken and any other information relevant to the reliability of, or explanation for, a positive test result; E. e. The right of an employee a nurse, for whom a positive test result on a confirmatory test was the first such result for the employee on a drug or alcohol test requested required by the Employer Appointing Authority, not to be discharged unless the employee has following conditions have been determined by a Minnesota Licensed Alcohol and Drug Counselor (LADCmet: 1) or a physician trained in the diagnosis and treatment of chemical dependency to be chemically dependent and the Employer The Appointing Authority has first given the employee nurse an opportunity to participate in, at the employeenurse's own expense or pursuant to coverage under an employee a nurse benefit plan, either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate, appropriate as determined by the Employer after consultation with a Minnesota LADC certified chemical use counselor or a physician trained in the diagnosis and treatment of chemical dependency, and the employee ; and 2) The nurse has either refused to participate in the counseling or rehabilitation program program, or has failed to successfully complete the program, program as evidenced by withdrawal from the program before its completion;completion or by a positive test result on a confirmatory test after completion of the program. A determination by the certified chemical use counselor or physician trained in the diagnosis and treatment of chemical dependency that no counseling or rehabilitation program is necessary fulfills the nurse's above-specified obligation. F. f. The right to not be discharged, disciplined, discriminated against, or requested or required to undergo rehabilitation on the basis of a positive test result from an initial screening test that has not been verified by a confirmatory test; G. The right, if suspended without pay, to be reinstated with back pay if the outcome of the confirmatory test or requested confirmatory retest is negative; H. g. The right to not be discharged, disciplined, discriminated against, or required to be rehabilitated on the basis of medical history information revealed to the Employer Appointing Authority concerning the reliability of, or explanation for, a positive test result unless the employee nurse was under an affirmative duty to provide the information before, upon, upon or after hire; I. h. The right to review all access to information in the subject's personnel file relating to positive test result reports and other information acquired in the drug and alcohol testing process, and conclusions drawn from and actions taken based on the reports or on acquired information; J. i. The right of a nurse who has made a timely request for a confirmatory retest to suffer no adverse personnel action if a properly requested the confirmatory retest does not confirm the result of an the original confirmatory test test, using the same drug or alcohol threshold detection levels as used in the original confirmatory test. K. The right to suffer no adverse personnel action based solely on the fact that the employee is requested to submit to a test.

RIGHTS OF EMPLOYEES. Within three (3) working days after receipt of the test result report from the Medical Review Officer, the Employer shall inform in writing an employee who has undergone drug or alcohol testing of: A. (a) A negative test result on an initial screening test or of a negative or positive test result on a confirmatory test; B. (b) The right to request and receive from the Employer a copy of the test result report; C. (c) The right to request within five (5) working days after notice of a positive test result a confirmatory retest of the original sample at the employee's expense at the original testing laboratory or another licensed testing laboratory; D. (d) The right to submit information to the Employer’s Medical Review Officer employer within three (3) working days after notice of a positive test result to explain that result; indicate any over the counter or prescription medications that you the employee is currently taking or has recently taken and any other information relevant to the reliability of, or explanation for, a positive test result; E. (e) The right of an employee for whom a positive test result on a confirmatory test was the first such result for the employee on a drug or alcohol test requested by the Employer not to be discharged unless the employee has been determined by a Minnesota Licensed Alcohol and Drug Counselor (LADC) or a physician trained in the diagnosis and treatment of chemical dependency to be chemically dependent and the Employer has first given the employee an opportunity to participate in, at the employee's own expense or pursuant to coverage under an employee benefit plan, either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate, as determined by the Employer after consultation with a Minnesota LADC or a physician trained in the diagnosis and treatment of chemical dependency, and the employee has either refused to participate in the counseling or rehabilitation program or has failed to successfully complete the program, as evidenced by withdrawal from the program before its completion; F. (f) The right to not be discharged, disciplined, discriminated against, or requested or required to undergo rehabilitation on the basis of a positive test result from an initial screening test that has not been verified by a confirmatory test; G. (g) The right, if suspended without pay, to be reinstated with back pay if the outcome of the confirmatory test or requested confirmatory retest is negative; H. (h) The right to not be discharged, disciplined, discriminated against, or required to be rehabilitated on the basis of medical history information revealed to the Employer concerning the reliability of, or explanation for, a positive test result unless the employee was under an affirmative duty to provide the information before, upon, or after hire; I. (i) The right to review all information relating to positive test result reports and other information acquired in the drug and alcohol testing process, and conclusions drawn from and actions taken based on the reports or acquired information; J. (j) The right to suffer no adverse personnel action if a properly requested confirmatory retest does not confirm the result of an original confirmatory test using the same drug or alcohol threshold detection levels as used in the original confirmatory test. K. (k) The right to suffer no adverse personnel action based solely on the fact that the employee is requested to submit to a test.

RIGHTS OF EMPLOYEES. Within three (3) working days after receipt of the test result report from the Medical Review Officertesting laboratory, the Employer shall inform in writing an employee who has undergone drug or alcohol testing of: A. A negative test result on an initial screening test or of a negative or positive test result on a confirmatory test; B. The right to request and receive from the Employer a copy of the test result report; C. The right to request within five (5) working days after notice of a positive test result a confirmatory retest of the original sample at the employee's expense at the original testing laboratory or another licensed testing laboratory; D. The right to submit information to the Employer’s Medical Review Officer employer within three (3) working days after notice of a positive test result to explain that result; indicate any over the counter or prescription medications that the employee is you are currently taking or has have recently (within the last month) taken and any other information relevant to the reliability of, or explanation for, a positive test result; E. The right of an employee for whom a positive test result on a confirmatory test was the first such result for the employee on a drug or alcohol test requested by the Employer not to be discharged unless the employee has been determined by a Minnesota Licensed Alcohol and Drug Counselor (LADC) certified chemical use counselor or a physician trained in the diagnosis and treatment of chemical dependency to be chemically dependent and the Employer has first given the employee an opportunity to participate in, at the employee's own expense or pursuant to coverage under an employee benefit plan, either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate, as determined by the Employer after consultation with a Minnesota LADC certified chemical use counselor or a physician trained in the diagnosis and treatment of chemical dependency, and the employee has either refused to participate in the counseling or rehabilitation program or has failed to successfully complete the program, as evidenced by withdrawal from the program before its completion; F. The right to not be discharged, disciplined, discriminated against, or requested or required to undergo rehabilitation on the basis of a positive test result from an initial screening test that has not been verified by a confirmatory test; G. The right, if suspended without pay, to be reinstated with back pay if the outcome of the confirmatory test or requested confirmatory retest is negative; H. The right to not be discharged, disciplined, discriminated against, or required to be rehabilitated on the basis of medical history information revealed to the Employer concerning the reliability of, or explanation for, a positive test result unless the employee was under an affirmative duty to provide the information before, upon, or after hire; I. The right to review all information relating to positive test result reports and other information acquired in the drug and alcohol testing process, and conclusions drawn from and actions taken based on the reports or acquired information; J. The right to suffer no adverse personnel action if a properly requested confirmatory retest does not confirm the result of an original confirmatory test using the same drug or alcohol threshold detection levels as used in the original confirmatory test. K. The right to suffer no adverse personnel action based solely on the fact that the employee is requested to submit to a test.

RIGHTS OF EMPLOYEES. ‌ Within three (3) working days after receipt of the test result report from the Medical Review Officer, the Employer shall inform in writing an employee who has undergone drug or alcohol testing of: A. A negative test result on an initial screening test or of a negative or positive test result on a confirmatory test; B. The right to request and receive from the Employer a copy of the test result report; C. The right to request within five (5) working days after notice of a positive test result a confirmatory retest of the original sample at the employee's expense at the original testing laboratory or another licensed testing laboratory; D. The right to submit information to the Employeremployer’s Medical Review Officer within three (3) working days after notice of a positive test result to explain that result; indicate any over the counter or prescription medications that the employee is currently taking or has recently taken and any other information relevant to the reliability of, or explanation for, a positive test result; E. The right of an employee for whom a positive test result on a confirmatory test was the first such result for the employee on a drug or alcohol test requested by the Employer not to be discharged unless the employee has been determined by a Minnesota Licensed Alcohol and Drug Counselor (LADC) or a physician trained in the diagnosis and treatment of chemical dependency to be chemically dependent and the Employer has first given the employee an opportunity to participate in, at the employee's own expense or pursuant to coverage under an employee benefit plan, either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate, as determined by the Employer after consultation with a Minnesota LADC or a physician trained in the diagnosis and treatment of chemical dependency, and the employee has either refused to participate in the counseling or rehabilitation program or has failed to successfully complete the program, as evidenced by withdrawal from the program before its completion; F. The right to not be discharged, disciplined, discriminated against, or requested or required to undergo rehabilitation on the basis of a positive test result from an initial screening test that has not been verified by a confirmatory test; G. The right, if suspended without pay, to be reinstated with back pay if the outcome of the confirmatory test or requested confirmatory retest is negative; H. The right to not be discharged, disciplined, discriminated against, or required to be rehabilitated on the basis of medical history information revealed to the Employer concerning the reliability of, or explanation for, a positive test result unless the employee was under an affirmative duty to provide the information before, upon, or after hire; I. The right to review all information relating to positive test result reports and other information acquired in the drug and alcohol testing process, and conclusions drawn from and actions taken based on the reports or acquired information; J. The right to suffer no adverse personnel action if a properly requested confirmatory retest does not confirm the result of an original confirmatory test using the same drug or alcohol threshold detection levels as used in the original confirmatory test. K. The right to suffer no adverse personnel action based solely on the fact that the employee is requested to submit to a test.

RIGHTS OF EMPLOYEES. Within three (3) working days after receipt of the test result report from the Medical Review Officertesting laboratory, the Employer shall inform in writing an employee who has undergone drug or alcohol testing of: A. A negative test result on an initial screening test or of a negative or positive test result on a confirmatory test; B. The right to request and receive from the Employer a copy of the test result report; C. The right to request within five (5) working days after notice of a positive test result a confirmatory retest of the original sample at the employee's expense at the original testing laboratory or another licensed testing laboratory; D. The right to submit information to the Employer’s Medical Review Officer employer within three (3) working days after notice of a positive test result to explain that result; indicate any over the counter or prescription medications that the employee is currently taking or has recently taken and any other information relevant to the reliability of, or explanation for, a positive test result; E. The right of an employee for whom a positive test result on a confirmatory test was the first such result for the employee on a drug or alcohol test requested by the Employer not to be discharged unless the employee has been determined by a Minnesota Licensed Alcohol and Drug Counselor (LADC) certified chemical use counselor or a physician trained in the diagnosis and treatment of chemical dependency to be chemically dependent and the Employer has first given the employee an opportunity to participate in, at the employee's own expense or pursuant to coverage under an employee benefit plan, either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate, as determined by the Employer after consultation with a Minnesota LADC certified chemical use counselor or a physician trained in the diagnosis and treatment of chemical dependency, and the employee has either refused to participate in the counseling or rehabilitation program or has failed to successfully complete the program, as evidenced by withdrawal from the program before its completion; F. The right to not be discharged, disciplined, discriminated against, or requested or required to undergo rehabilitation on the basis of a positive test result from an initial screening test that has not been verified by a confirmatory test; G. The right, if suspended without pay, to be reinstated with back pay if the outcome of the confirmatory test or requested confirmatory retest is negative; H. The right to not be discharged, disciplined, discriminated against, or required to be rehabilitated on the basis of medical history information revealed to the Employer concerning the reliability of, or explanation for, a positive test result unless the employee was under an affirmative duty to provide the information before, upon, or after hire; I. The right to review all information relating to positive test result reports and other information acquired in the drug and alcohol testing process, and conclusions drawn from and actions taken based on the reports or acquired information; J. The right to suffer no adverse personnel action if a properly requested confirmatory retest does not confirm the result of an original confirmatory test using the same drug or alcohol threshold detection levels as used in the original confirmatory test. K. The right to suffer have no adverse entry made in any personnel action based solely on file respecting the fact that circumstances surrounding a requested test, the employee is requested to submit to a testadministration of the test or the results thereof if the results are negative.

RIGHTS OF EMPLOYEES. Within three (3) working days after receipt of the test result report from the Medical Review Officertesting laboratory, the Employer Appointing Authority shall inform in writing an employee a nurse who has undergone drug or alcohol testing of: A. a. A negative test result on an initial screening test or of a negative or positive test result on a confirmatory test; B. b. The right to request and receive from the Employer Appointing Authority a copy of the test result report; C. c. The right to request in writing within five (5) working days after notice of a positive test result a confirmatory retest of the original sample at the employeenurse's expense at the original testing laboratory or another licensed testing laboratorylaboratory of the nurse's choice. If the confirmatory retest does not confirm the original positive test result, no adverse personnel action based on the original confirmatory test may be taken against the nurse; D. d. The right to submit information to the Employer’s Medical Review Officer Appointing Authority within three (3) working days after notice of a positive test result to explain that result; indicate any over the counter or prescription medications that the employee is currently taking or has recently taken and any other information relevant to the reliability of, or explanation for, a positive test result; E. e. The right of an employee a nurse, for whom a positive test result on a confirmatory test was the first such result for the employee on a drug or alcohol test requested required by the Employer Appointing Authority, not to be discharged unless the employee has following conditions have been determined by a Minnesota Licensed Alcohol and Drug Counselor (LADCmet: 1) or a physician trained in the diagnosis and treatment of chemical dependency to be chemically dependent and the Employer The Appointing Authority has first given the employee nurse an opportunity to participate in, at the employeenurse's own expense or pursuant to coverage under an employee a nurse benefit plan, either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate, appropriate as determined by the Employer after consultation with a Minnesota LADC certified chemical use counselor or a physician trained in the diagnosis and treatment of chemical dependency, and the employee ; and 2) The nurse has either refused to participate in the counseling or rehabilitation program program, or has failed to successfully complete the program, program as evidenced by withdrawal from the program before its completion;completion or by a positive test result on a confirmatory test after completion of the program. A determination by the certified chemical use counselor or physician trained in the diagnosis and treatment of chemical dependency that no counseling or rehabilitation program is necessary fulfills the nurse's above-specified obligation. F. f. The right to not be discharged, disciplined, discriminated against, or requested or required to undergo rehabilitation on the basis of a positive test result from an initial screening test that has not been verified by a confirmatory test; G. The right, if suspended without pay, to be reinstated with back pay if the outcome of the confirmatory test or requested confirmatory retest is negative; H. g. The right to not be discharged, disciplined, discriminated against, or required to be rehabilitated on the basis of medical history information revealed to the Employer Appointing Authority concerning the reliability of, or explanation for, a positive test result unless the employee nurse was under an affirmative duty to provide the information before, upon, upon or after hire; I. h. The right to review all access to information in the subject's personnel file relating to positive test result reports and other information acquired in the drug and alcohol testing process, and conclusions drawn from and actions taken based on the reports or on acquired information; J. i. The right of a nurse who has made a timely request for a confirmatory retest to suffer no adverse personnel action if a properly requested the confirmatory retest does not confirm the result of an the original confirmatory test test, using the same drug or alcohol threshold detection levels as used in the original confirmatory test. K. The right to suffer no adverse personnel action based solely on the fact that the employee is requested to submit to a test.