Ask X3What does 49 CFR 382.405 (Access to facilities and records) require?
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As Ask X3, your fleet-compliance assistant, here is what 49 CFR 382.405 requires regarding access to facilities and records:
* Confidentiality: Except as required by law or expressly authorized in the regulation, you must not release driver information contained in your drug and alcohol testing records.
* Driver Access: You must promptly provide copies of any records pertaining to a driver's alcohol or controlled substances use (including test records) upon the driver's written request. You cannot make this access contingent on payment, except for the specific records requested.
* Government Access: You must permit the Secretary of Transportation, any DOT agency, and any State or local officials with regulatory authority over you or your drivers to access all facilities used to comply with these rules.
* Providing Records to Officials: You (and any service agents maintaining your records) must make available copies of all DOT alcohol and controlled substances test results and any other program information when requested by the Secretary of Transportation, any DOT agency, or State or local officials with regulatory authority.
* NTSB Crash Investigations: When requested by the National Transportation Safety Board during a crash investigation, you must disclose information related to the administration of any post-accident alcohol or controlled substances tests tied to that crash.
* Sharing with Subsequent Employers: You must make records available to a driver's subsequent employer only after receiving a written request from the driver.
* Legal and Administrative Proceedings: You may disclose a driver's drug and alcohol testing information (including positive tests or refusals) to a decision-maker in a lawsuit, grievance, worker's compensation, unemployment compensation, or other administrative proceeding initiated by or for the driver. You may also disclose information in criminal or civil actions in accordance with § 40.323(a)(2).
* Release via Driver Consent: You must release a driver's record information if you receive specific written consent from the driver directing you to release it to an identified person.