Except as otherwise provided in this subpart, as a service agent or employer participating in the DOT drug or alcohol testing process, you are prohibited from releasing individual test results or medical information about an employee to third parties without the employee's specific written consent.
(a) A “third party” is any person or organization to whom other subparts of this regulation do not explicitly authorize or require the transmission of information in the course of the drug or alcohol testing process.
(b) “Specific written consent” means a statement signed by the employee that he or she agrees to the release of a particular piece of information to a particular, explicitly identified, person or organization at a particular time. “Blanket releases,” in which an employee agrees to a release of a category of information (e.g., all test results) or to release information to a category of parties (e.g., other employers who are members of a C/TPA, companies to which the employee may apply for employment), are prohibited under this part.
Notes of Decisions
Freedom Foundation v. Department of Transportation (2012)
washctapp · cites it 45×
“The primary contention on appeal concerns whether the trial court properly ruled that WSDOT properly redacted the crew's drug and alcohol test results in compliance with a federal regulation, 49 C.F.R. § 40.321 (2006) [3] directing marine employers to keep test results…”
Phillips v. Quality Terminal Services, LLC (2012)
ilnd
“Plaintiff further alleges that QTS had a duty not to release the results of drug tests to third parties (citing 49 C.F.R. § 40.321 ), and to notify Plaintiff of his right to test the split specimen and to cancel the results of the drug test when the split sample was not…”
Turner v. Unemployment Compensation Board of Review (2006)
pacommwct
“, 49 C.F.R. § 40.321 (requiring that the results of an employee's drug test, conducted pursuant to a substance abuse plan established under federal regulations, must be kept confidential from third parties absent the employee's consent).”
Giaccio v. City of New York (2007)
nysd
“321 states as follows: Except as otherwise provided in this subpart, as a service agent or employer participating in the DOT drug or alcohol testing process, you are prohibited from releasing individual test results or medical information about an employee to third parties…”
Com. v. Shoemaker, L. (2019)
pasuperct · cites it 2×
“49 C.F.R. § 40.321 . The regulations also provide as follows, concerning the release of information in legal proceedings: § 40.”
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