Ask X3What does 49 CFR 40.323 (May program participants release drug or alcohol test information in connection with legal proceedings?) require?
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As a motor-carrier owner, according to 49 CFR 40.323, here is what you are allowed and required to do regarding the release of drug or alcohol test information in legal proceedings:
* When you can release information without the employee's consent:
* You may release it in lawsuits, grievances (such as arbitrations over disciplinary actions), or administrative proceedings (such as unemployment compensation hearings) brought by or on behalf of the employee that result from a positive DOT drug/alcohol test or a refusal to test.
* You may also release it in criminal or civil actions resulting from an employee's performance of safety-sensitive duties, if a court determines the information is relevant and issues an order directing you to produce it.
* How to release the information:
* You may release the records directly to the decisionmaker in the proceeding (such as the court).
* You must ensure there is a binding stipulation that the decisionmaker will make the information available only to the parties involved in the proceeding.
* Requirement for service agents:
* If you are a service agent and an employer requests testing information (like a lab data package) to use in an authorized legal proceeding, you must provide it to the employer.
* Notice requirement:
* Whether you are an employer or a service agent, you must immediately notify the employee in writing of any information you release under 49 CFR 40.323.