The Department of Transportation (DOT) is issuing three final rules that allow employers to disclose drug and alcohol test results to state driving licensers and update alcohol testing forms and probedures, according to notices published in the Feb. 25 Federal Register (75 Fed. Reg. 8524).
One of the rules adopts without change an interim final rule authorizing employers in DOT's drug and alcohol testing program to disclose to state commercial driver licensing authorities the drug and alcohol violations of employees who hold commercial drivers' licenses when a state law requires such reporting. DOT said 49 CFR 40.321 generally prohibits the release of individual drug or alcohol test results to third parties without the employee's specific written consent.
Nevertheless, the Transportation Department said, several states have laws requiring employers to provide individual test results to the state entity that issues commercial drivers' licenses "when holders of such licenses test positive for drugs or have a breath alcohol concentration of 0.04 or greater."
DOT issued the interim final rule June 13, 2008 permitting these parties to provide the information required by state laws without violating 49 CFR 40.321. DOT said that unless it modifies its procedures, employers and third patty administrators for owner-operator drivers could be in violation of the regulation
49 CFR 40.321 if they release this information.
A second final rule relates to the use of a new alcohol screening device.
This final rule, also adopts without change the interim final rule, which DOT said did not receive any relevant comments:
Transportation Department regulations require that an alcohol screening device be approved by the National Highway Traffic Safety Administration and be published in the Federal Register. The main procedural difference made by the interim final rule and adopted in this final rule concerns the technician's reading of the alcohol result, DOT explained.
The third final rule makes technical amendments to DOT's drug and alcohol testing procedures so employers can begin using updated versions of DOT's alcohol testing form and management information system data collection form. In the rule, the Transportation Department said the new versions of the forms update the form numbers and DOT's contact information and reduce the legends in the test result boxes so they do not obscure test results printed on the form.
