What does 49 CFR 40.327 (When must the MRO report medical information gathered in the verification process?) require?

As Ask X3, your fleet-compliance assistant, here is what 49 CFR 40.327 requires regarding reporting medical information gathered in the verification process:

The Medical Review Officer (MRO) must report drug test results and medical information learned during the verification process to specific third parties *without* the employee's consent if the MRO uses reasonable medical judgment to determine that:

1. The information is likely to make the employee medically unqualified under an applicable DOT agency regulation; OR

2. The information indicates that the employee continuing to perform a safety-sensitive function is likely to pose a significant safety risk.

Authorized Third Parties:

The MRO is authorized to provide this information to:

* The employer

* A physician or health care provider responsible for determining the employee's medical qualifications under an applicable DOT safety regulation

* A Substance Abuse Professional (SAP) evaluating the employee for the return-to-duty process

* A DOT agency

* The National Transportation Safety Board (NTSB) during an accident investigation

How the MRO Must Report It:

* Do not use the Custody and Control Form (CCF).

* Provide the information in a separate written communication (such as a letter or secure email).

* The communication must state the specific nature of the safety concern (for example, the effects of a medication the employee is taking or the underlying medical condition the employee disclosed to the MRO).

Foreign Law Exception:

If the law of a foreign country (like Canada) prohibits the MRO from providing this medical information to the employer, the MRO is allowed to follow that foreign law prohibition.