49 CFR 40.321 : Transportation (§ 1.1 To Parts 1581-1699) — (§ 1.1 To Appendix To Subtitle A) — Office Of The Secretary Of Transportation (§ 1.1 To Appendix To Subtitle A) — Procedures For Transportation Workplace Drug And Alcohol Testing Programs (§ 40.1 To Appendix H To Part 40) — Confidentiality And Release Of Information (§ 40.321 To § 40.333) — What is the general confidentiality rule for drug and alcohol test information?

4 Aug 2016

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.

49 CFR 40.321