I think the point is, as an employer you can set the "positive threshold" which is 15 ng/ml for the NFL (and as a result the Browns), what Ohio is then saying is they both have to be above that. (I read somewhere that WADA is like 150, but whatever, dont' quote me it was someone rambling anyway, it may not be the case.) Point being that the NFL has set the "positive" threshold at 15 ng/ml and so in Ohio's view the confirmatory test is "negative" since its below that. Assuming your quotes above are what Ohio law says, its right there.
Actually it seems like the Ohio language I quoted refers to "negative" testing and reporting, but I don't see in that language how it would prohibit the NFL guidelines from having its separate thresholds for initial and confirmatory testing:
"The “B” bottle Test need only show that the substance, revealed in the “A” bottle Test, is evident to the “limits of detection” to confirm the results of the “A” bottle Test."
The first is negative under 15, the second is negative under 3: so neither is negative in this case. I mean, I can see the argument the other way, but there's going to be big time lawyers on both sides of this thing.
More than that, I'm also probably not 100% convinced that that section of the OAC (Drug-Free Workplace Program), which seems to apply primarily to "state employees and applicants for state employment", holds sway over the NFL/NFLPA CBA, and in fact it may even allow for a CBA to regulate the terms of re-testing:
123:1-76-13 said:
Employees who have a positive drug test result may ask for a retest of the original specimen according to procedures and specifications of applicable federal regulations, or in the absence of such regulations, any governing collective bargaining agreement or, in the absence of such agreement, according to procedures and specifications of the director of the department of administrative services.
On the other, other hand, though, I could see the NFL greasing the skids for Gordon to pull off the miracle upset here, just because there's so much bad PR about the Rice/Gordon suspension disparity, and
everyone ultimately bends to the will of the enraged masses these days.