What does 49 CFR 40.27 (May an employer require an employee to sign a consent or release in connection with the DOT drug and alcohol testing program?) require?

Short answer

An employer 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.

The rule says

"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)." (49 CFR 40.27)

In plain English

This means that employers cannot ask employees to sign away their rights or release the employer from liability related to the drug and alcohol testing process. This is to protect employees from being coerced into signing agreements that could compromise their rights or safety. In practice, this means that employers should ensure that all drug and alcohol testing processes are conducted without requiring any consent, release, waiver of liability, or indemnification agreements from employees.

What to do

• Ensure all drug and alcohol testing processes are conducted without requiring any consent, release, waiver of liability, or indemnification agreements from employees.
• Review and update company policies and procedures to comply with 49 CFR 40.27.
• Train staff on the requirements of 49 CFR 40.27 to ensure compliance.