[Code of Federal Regulations]

[Title 49, Volume 1]

[Revised as of October 1, 2005]

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

[CITE: 49CFR40.111]



[Page 656]

 

                        TITLE 49--TRANSPORTATION

 

          Subtitle A--Office of the Secretary of Transportation

 

PART 40_PROCEDURES FOR TRANSPORTATION WORKPLACE DRUG AND ALCOHOL TESTING 

PROGRAMS--Table of Contents

 

                   Subpart F_Drug Testing Laboratories

 

Sec. 40.111  When and how must a laboratory disclose statistical 

summaries and other information it maintains?



    (a) As a laboratory, you must transmit an aggregate statistical 

summary, by employer, of the data listed in Appendix B to this part to 

the employer on a semi-annual basis.

    (1) The summary must not reveal the identity of any employee.

    (2) In order to avoid sending data from which it is likely that 

information about an employee's test result can be readily inferred, you 

must not send a summary if the employer has fewer than five aggregate 

tests results.

    (3) The summary must be sent by January 20 of each year for July 1 

through December 31 of the prior year.

    (4) The summary must also be sent by July 20 of each year for 

January 1 through June 30 of the current year.

    (b) When the employer requests a summary in response to an 

inspection, audit, or review by a DOT agency, you must provide it unless 

the employer had fewer than five aggregate test results. In that case, 

you must send the employer a report indicating that not enough testing 

was conducted to warrant a summary. You may transmit the summary or 

report by hard copy, fax, or other electronic means.

    (c) You must also release information to appropriate parties as 

provided in Sec. Sec. 40.329 and 40.331.