49 C.F.R. § 40.27

May an employer require an employee to sign a consent or release in connection with the DOT drug and alcohol testing program?

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No, as an employer, you must not require an employee to sign a consent, release, waiver of liability, or indemnification agreement with respect to any part of the drug or alcohol testing process covered by this part (including, but not limited to, collections, laboratory testing, MRO and SAP services).

[66 FR 41950, Aug. 9, 2001]

Notes of Decisions

Cited in 5 cases, 2004–2014 · leading case: Michael Chapman v. Lab One, 390 F.3d 620 (8th Cir. 2004).

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Michael Chapman v. Lab One, 390 F.3d 620 (8th Cir. 2004). · cites it 3× “” 49 C.F.R. § 40.27 (2004). In 1991, Congress for the first time mandated drug testing in the railroad industry by passing the FOTETA, which amended the FRSA and required the Secretary of Transportation to promulgate regulations establishing programs for drug testing railroad…”

Ziemkiewicz v. R + L Carriers, Inc., 996 F. Supp. 2d 378 (D. Maryland 2014). “” 49 C.F.R. § 40.27 . The parties disagree over whether the reporting of a refusal to take a DOT-required test is “part of the testing process” of Part 40 of Title 49 of the Code of Federal Regulations.”

Siotkas v. LabOne, Inc., 594 F. Supp. 2d 259 (E.D.N.Y 2009). “” See 49 C.F.R. § 40.27 (1998), (1999). Accordingly, unless plaintiffs seek to impose credentialing requirements more rigorous than or otherwise inconsistent with those set forth in the federal regulations, this aspect of their claims would not be preempted.”

Drake v. Lab'y Corp. of Am. Holdings, 458 F.3d 48 (2d Cir. 2006). “, provide that employees “may not be required to waive liability with respect to negligence on the part of any person participating in the collection, handling or analysis of the specimen or to indemnify any person for the negligence of others,” 49 C.”

Fifie v. Cooksey, 403 F. Supp. 2d 1131 (M.D. Fla. 2005). · cites it 2× “” 49 C.F.R. § 40.27 (2004). Congress in 1991 mandated drug testing in the railroad industry by enactment of FOTETA 4 , which amended the Federal *1136 Railroad Safety Act (FRSA).”

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