Page:United States Statutes at Large Volume 112 Part 4.djvu/738

 112 STAT. 2681-709 PUBLIC LAW 105-277—OCT. 21, 1998 "(D) employee access to an employee assistance program, including confidential assessment, referral, and short-term problem resolution; and "(E) continuing alcohol and drug abuse prevention education. "(2) ELIGIBLE INTERMEDIARY. — The term 'eligible intermediary' means an organization— "(A) that has not less than 2 years of experience in carrying out drug-free workplace programs; "(B) that has a drug-free workplace policy in effect; "(C) that is located in a State, the District of Columbia, or a territory of the United States; and "(D) the purpose of which is— "(i) to develop comprehensive drug-free workplace programs or to supply drug-free workplace services; or "(ii) to provide other forms of assistance and services to small business concerns. "(3) EMPLOYEE. —The term 'employee' includes any— " (A) applicant for employment; "(B) employee; "(C) supervisor; "(D) manager; "(E) officer of a small business concern who is active in management of the concern; and "(F) owner of a small business concern who is active in management of the concern. "(4) MEDICAL REVIEW OFFICER. —The term 'medical review officer'— "(A) means a licensed physician with knowledge of substance abuse disorders; and "(B) does not include any— "(i) employee of the small business concern; or "(ii) employee or agent of, or any person having a financial interest in, the laboratory for which the illegal drug test results are being reviewed. "(b) ESTABLISHMENT. —T here is established a drug-free workplace demonstration program, under which the Administrator may make grants to, or enter into cooperative agreements or contracts with, eligible intermediaries for the purpose of providing financial and technical assistance to small business concerns seeking to establish a drug-free workplace program. " (c) PRIVACY PROTECTION FOR EMPLOYEES PARTICIPATING IN A DRUG-FREE WORKPLACE PROGRAM.— Each drug-free workplace program established with assistance made available under this section shall— "(1) include, as reasonably necessary and appropriate, practices and procedures to ensure the confidentiality of illegal drug test results and of any participation by an employee in a rehabilitation program; "(2) prohibit the mandatory disclosure of medical information by an employee prior to a confirmed positive illegal drug test; and "(3) require that a medical review officer reviewing illegal drug test results shall report only the final results, limited to those drugs for which the employee tests positive, in writing

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