KC0iv
Quote:
WRONG Nothing precludes an employer from reporting any additional information to DAC. What they can't do is replace D.O.T. requirements by using some other testing method. EX. In addition to standard D.O.T. drug testing an employer also requires hair testing. The results of BOTH of these test can be reported to DAC. D.O.T. has no control over DAC.
KC, there would have to be a signed release from the driver for the
carrier to release the information to DAC.
Quote:
§ 40.321 What is the general confidentiality rule for drug and alcohol test information?
Except as otherwise provided in this subpart, as a service agent or employer participating in the DOT drug or alcohol testing process, you are prohibited from releasing individual test results or medical information about an employee to third parties without the employee's specific written consent.
(a) A “third party” is any person or organization to whom other subparts of this regulation do not explicitly authorize or require the transmission of information in the course of the drug or alcohol testing process.
(b) “Specific written consent” means a statement signed by the employee that he or she agrees to the release of a particular piece of information to a particular, explicitly identified, person or organization at a particular time. “Blanket releases,” in which an employee agrees to a release of a category of information (e.g., all test results) or to release information to a category of parties (e.g., other employers who are members of a C/TPA, companies to which the employee may apply for employment), are prohibited under this part.
I haven't seen an employer release statement for DAC; however, if the form did not include a specfic section for releasing information on non-DOT tests then an employee would have a civil case under the Fair Credit Reporting Act.
An
employer could not release drug test information to DAC services without the employee's written consent. The DOT controls the employer's obligation to safe guard the tests results and not release the data without the
written consent of the employee.
Useless, I deal with know it all drivers on a frequent basis. The first words out of their mouth are usally; "Well I didn't know that." "When did the rule change?" or "I've been doing it this way for 20 years and no one has ever said anything before.".
I picture you being one such driver. :twisted:
Despite you and a few others I'll keep pinging away as I know there are some who appreciate the info. :wink:
Be safe.