39-2-209. Employee's right of rebuttal. The employer shall provide an employee who has been tested under any qualified testing program described in 39-2-208 with a copy of the test report. The employer is also required to obtain, at the employee's request, an additional test of the split sample by an independent laboratory selected by the person tested. The employer shall pay for the additional tests if the additional test results are negative, and the employee shall pay for the additional tests if the additional test results are positive. The employee must be provided the opportunity to rebut or explain the results of any test.
History: En. Sec. 5, Ch. 521, L. 1997; amd. Sec. 3, Ch. 177, L. 2005.
Structure Montana Code Annotated
Chapter 2. The Employment Relationship
Part 2. General Obligations of Employers
39-2-202. through 39-2-204 reserved
39-2-207. Qualified testing program
39-2-208. Qualified testing program -- allowable types -- procedures
39-2-209. Employee's right of rebuttal
39-2-210. Limitation on adverse action
39-2-211. Confidentiality of results
39-2-212. through 39-2-214 reserved
39-2-215. Public employer policy on support of women and breastfeeding -- unlawful discrimination