Ask X3What does 49 CFR 40.321 (What is the general confidentiality rule for drug and alcohol test information?) require?
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Based on 49 CFR 40.321, employers and service agents are generally prohibited from releasing an employee's individual drug or alcohol test results or medical information to third parties without the employee's specific written consent.
To be compliant:
* No Blanket Releases: You cannot accept "blanket releases," where an employee agrees to release a category of information (such as all test results) or agrees to release information to a category of parties (such as potential future employers or other companies in a C/TPA).
* Requirements for Consent: Any release requires "specific written consent," which means a signed statement from the employee agreeing to release a *particular piece of information* to a *particular, explicitly identified person or organization* at a *particular time*.
* Third Parties: A "third party" is anyone to whom the regulations do not explicitly authorize or require you to send information during the testing process.