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From: Robert Swotinsky MD
Password: orange
Date: 21 Aug 2009
Time: 08:47:59 -0700
Remote Name: 68.184.42.162
With the exception of certain state laws, there is no specific law that allows donors access to records of non-DOT drug tests conducted by private sector employers. In this situation where the donor already is challenging the test results and an arbitration is pending (?), I'd defer to the employer with regard to access to the record(s) of the test that the employer ordered. That is, send a copy of the record to the employer contact and tell the donor that he should make his request to the employer. You are the employer's service agent. The employer can/should decide how to handle the ex-employee's request for records. There may be specifics in the collective bargaining agreement that address this, but the employer and not you would be privy to this.