[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR382.405]



[Page 174]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 382_CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING--Table of 

Contents

 

       Subpart D_Handling of Test Results, Records Retention, and 

                             Confidentiality

 

Sec. 382.405  Access to facilities and records.



    (a) Except as required by law or expressly authorized or required in 

this section, no employer shall release driver information that is 

contained in records required to be maintained under Sec. 382.401.

    (b) A driver is entitled, upon written request, to obtain copies of 

any records pertaining to the driver's use of alcohol or controlled 

substances, including any records pertaining to his or her alcohol or 

controlled substances tests. The employer shall promptly provide the 

records requested by the driver. Access to a driver's records shall not 

be contingent upon payment for records other than those specifically 

requested.

    (c) Each employer shall permit access to all facilities utilized in 

complying with the requirements of this part to the Secretary of 

Transportation, any DOT agency, or any State or local officials with 

regulatory authority over the employer or any of its drivers.

    (d) Each employer shall make available copies of all results for 

employer alcohol and/or controlled substances testing conducted under 

this part and any other information pertaining to the employer's alcohol 

misuse and/or controlled substances use prevention program, when 

requested by the Secretary of Transportation, any DOT agency, or any 

State or local officials with regulatory authority over the employer or 

any of its drivers.

    (e) When requested by the National Transportation Safety Board as 

part of an accident investigation, employers shall disclose information 

related to the employer's administration of a post-accident alcohol and/

or controlled substance test administered following the accident under 

investigation.

    (f) Records shall be made available to a subsequent employer upon 

receipt of a written request from a driver. Disclosure by the subsequent 

employer is permitted only as expressly authorized by the terms of the 

driver's request.

    (g) An employer may disclose information required to be maintained 

under this part pertaining to a driver to the decision maker in a 

lawsuit, grievance, or administrative proceeding initiated by or on 

behalf of the individual, and arising from a positive DOT drug or 

alcohol test or a refusal to test (including, but not limited to, 

adulterated or substituted test results) of this part (including, but 

not limited to, a worker's compensation, unemployment compensation, or 

other proceeding relating to a benefit sought by the driver). 

Additionally, an employer may disclose information in criminal or civil 

actions in accordance with Sec. 40.323(a)(2) of this title.

    (h) An employer shall release information regarding a driver's 

records as directed by the specific written consent of the driver 

authorizing release of the information to an identified person. Release 

of such information by the person receiving the information is permitted 

only in accordance with the terms of the employee's specific written 

consent as outlined in Sec. 40.321(b) of this title.