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§382.403-1382.409 (ii) Number of supervisors Abave received re- driver. Disclosure L. he subsequent employer is quired controlled substances training during the re- permitted only as expressly authorized by the terms porting period; of the driver's request. (7)Number of screen alcohol tests by type of test; (g)An employer may disclose information required and to be maintained under this part pertaining to a (8)Number of drivers who were returned to duty driver,the decisionmaker in a lawsuit,grievance,or (having complied with the recommendations of a other proceeding initiated by or on behalf of the { substance abuse professional as described in§§382.503 individual,and arising from the results of an alcohol ' and 382.605), in this reporting period, who previ- and/or controlled substances test administered under ously: this part, or from the employer's determination that i (i)Had a verified positive controlled substance test the driver engaged in conduct prohibited by subpart result, or B of this part(including,but not limited to,a worker's (ii) Engaged in prohibited alcohol misuse under compensation,unemployment compensation,or other the provisions of this part. proceeding relating to a benefit sought by the driver.) (e)Each employer that is subject to more than one (h)An employer shall release information regard- DOT agency alcohol or controlled substances rule ing a driver's records as directed by the specific, shall identify each driver covered by the regulations written consent of the driver authorizing release of ' of more than one DOT agency. The identification will the information to an identified person. Release of be by the total number of covered functions. Prior to such information by the person receiving the informa- conducting any alcohol or controlled substances test tion is permitted only in accordance with the terms of on a driver subject to the rules of more than one DOT the employee's consent. agency, the employer shall determine which DOT §382.407 Medical review officer notifications agency rule or rules authorizes or requires the test. to the employer. The test result information shall be directed to the (a) The medical review officer may report to the appropriate DOT agency or agencies. employer using any communications device,but in all (f) A consortium may prepare annual calendar instances a signed, written notification must be for- year summaries and reports on behalf of individual warded within three business days of completion of employers for purposes of compliance with this sec- the medical review officer's review,pursuant to part 1 tion. However,each employer shall sign and submit 40 of this title. A medical review officer shall report such a report and shall remain responsible for ensur- to an employer clearly: ing the accuracy and timeliness of each report pre- (1) That the controlled substances test being re- pared on its behalf by a consortium. ported was in accordance with part 40 of this title and §382.405 Access to facilities and records. this part; (a)Except as required by law or expressly autho- (2)The name of the individual for whom the test rized or required in this section, no employer shall results are being reported; release driver information that is contained in records (3) The type of test indicated on the custody and required to be maintained under§382.401. control form(i.e., random,post-accident, etc.); (b) A driver is entitled, upon written request, to (4)The date and location of the test collection; obtain copies of any records pertaining to the driver's (5) The identities of the persons or entities per- use of alcohol or controlled substances,including any forming the collection,analysis of the specimens and records pertaining to his or her alcohol or controlled serving as the medical review officer for the specific substances tests. The employer shall promptly pro- test; vide the records requested by the driver. Access to a (6)The verified results of a controlled substances driver's records shall not be contingent upon payment test, either positive or negative, and if positive, the for records other than those specifically requested. identity of the controlled substance(s)for which the (c)Each employer shall permit access to all facili- test was verified positive. ties utilized in complying with the requirements of (b) A medical review officer shall report to the this part to the Secretary of Transportation,any DOT employer that the medical review officer has made all agency,or any State or local officials with regulatory reasonable efforts to contact the driver as provided in 1 authority over the employer or any of its drivers. §40.33(c)of this title. The employer shall,as soon as (d)Each employer shall make available copies of practicable,request that the driver contact the medi- all results for employer alcohol and/or controlled cal review officer prior to dispatching the driver or substances testing conducted under this part and any within 24 hours,whichever is earlier. other information pertaining to the employer's alco- §382.409 Medical review officer record re- hol misuse and/or controlled substances use preven- tention for controlled substances. tion program, when requested by the Secretary of (a) A medical review officer shall maintain all Transportation,any DOT agency,or any State or local dated records and notifications, identified by indi- officials with regulatory authority over the employer vidual,for a minimum of five years for verified posi- or any of its drivers. tive controlled substances test results. (e) When requested by the National Transporta- (b) A medical review officer shall maintain all - tion Safety Board as part of an accident investigation, dated records and notifications, identified by indi- employers shall disclose information related to the vidual, for a minimum of one year for negative and employer's administration of a post-accident alcohol canceled controlled substances test results. and/or controlled substances test administered fol- (c)No person may obtain the individual controlled lowing the accident under investigation. substances test results retained by a medical review (f)Records shall be made available to a subsequent officer,and no medical review officer shall release the employer upon receipt of a written request from the individual controlled substances test results of any 17