What does 49 CFR 40.331 (To what additional parties must employers and service agents release information?) require?

As Ask X3, your fleet-compliance assistant, here is what 49 CFR 40.331 requires you to do:

Under 49 CFR 40.331, as an employer or service agent, you must release drug and alcohol program information in the following specific circumstances:

* To an identified person based on employee consent: If you receive a specific, written consent from an employee authorizing the release of their drug or alcohol test information to an identified person (such as a former employee asking you to send information to a subsequent employer), you must provide it in compliance with the terms of their consent.

* To DOT agency representatives (as an employer): Upon request, you must provide access to your program facilities and all required drug and alcohol program records, reports, files, data, and documents. You must provide these at your principal place of business within the time required by the DOT agency. All items must be easily accessible, legible, and organized (electronic records that do not meet this standard must be converted to printed documentation).

* To the National Transportation Safety Board (NTSB): If requested as part of an accident investigation, you must provide information concerning post-accident tests administered after the accident.

* To safety agencies: If requested by a Federal, State, or local safety agency with regulatory authority over you or the employee, you must provide the employee's drug and alcohol test records.

* To State CDL licensing authorities (for CMV drivers): If you are an employer of Commercial Motor Vehicle (CMV) drivers with CDLs (or a third-party administrator for owner-operator CMV drivers with CDLs), you are authorized to comply with State laws requiring you to provide information on all violations of DOT drug and alcohol testing rules, including positive tests and refusals.