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§382.409-§382.507 driver to any person, without first obtaining a spe- information that ensures confidentiality. Each em- cific, written authorization from the tested driver. ployer must maintain a written, confidential record Nothing in this paragraph shall prohibit a medical with respect to each past employer contacted. review officer from releasing, to the employer or to (g)An employer may not use a driver to perform officials of the Secretary of Transportation,any DOT safety-sensitive functions if the employer obtains agency,or any State or local officials with regulatory information on the driver's alcohol test with a concen- authority over the controlled substances testing pro- tration of 0.04 or greater,verified positive controlled gram under this part, the information delineated in substances test result,or refusal to be tested,by the §382.407(a)of this subpart. driver, without obtaining information on a subse- §382.411 Employer notifications. quent substance abuse professional evaluation and/ (a)An employer shall notify a driver of the results or determination under §382.401(c)(4) and compli- of a pre-employment controlled substance test con- ance with§382.309. ducted under this part, if the driver requests such results within 60 calendar days ofbeing notified of the SUBPART E—CONSEQUENCES FOR disposition of the employment application. An em- DRIVERS ENGAGING IN SUBSTANCE USE- ployer shall notify a driver of the results of random, RELATED CONDUCT reasonable suspicion and post-accident tests for con- trolled substances conducted under this part if the §382.501 Removal from safety-sensitive func- test results are verified positive. The employer shall tion. also inform the driver which controlled substance or (a)Except as provided in subpart F of this part,no substances were verified as positive. driver shall perform safety-sensitive functions, in- (b)The designated management official shall make cluding driving a commercial motor vehicle, if the reasonable efforts to contact and request each driver driver has engaged in conduct prohibited by subpart who submitted a specimen under the employer's pro- B of this part or an alcohol or controlled substances gram,regardless of the driver's employment status, rule of another DOT agency. to contact and discuss the results of the controlled (b)No employer shall permit any driver to perform substances test with a medical review officer who has safety-sensitive functions, including driving a com- been unable to contact the driver. mercial motor hicle,if the employer has determined (c)The designated management official shall im- that the driver has violated this section. mediately notify the medical review officer that the (c)For purposes of this subpart,commercial motor driver has been notified to contact the medical review vehicle means a commercial motor vehicle in com- oflicer within 24 hours. merce as defined in§382.107,and a commercial motor §382.413 Release of alcohol and controlled vehicle in interstate commerce as defined in part 390. { substances test information by previous em- §382.503 Required evaluation and testing. ployers. No driver who has engaged in conduct prohibited (a)An employer may obtain,pursuant to a driver's by subpart B of this part shall perform safety-sensi- written consent, any of the information concerning tive functions,including driving a commercial motor the driver which is maintained under this part by the vehicle,unless the driver has met the requirements of driver's previous employers. §382.605. No employer shall permit a driver who has (b)An employer shall obtain,pursuant to a driver's engaged in conduct prohibited by subpart B of this consent,information on the driver's alcohol tests with part to perform safety-sensitive functions,including a concentration result of 0.04 or greater, positive driving a commercial motor vehicle,unless the driver controlled substances test results,and refusals to be has met the requirements of§382.605. tested, within the preceding two years, which are §382.505 Other alcohol-related conduct. maintained by the driver's previous employers under (a)No driver tested under the provisions of subpart §382.401(b)(1)(i)through(iii). C of this part who is found to have an alcohol concen- (c)The information in paragraph(b)of this section tration of 0.02 or greater but less than 0.04 shall must be obtained and reviewed by the employer no perform or continue to perform safety-sensitive func- later than 14 calendar days after the first time a tions for an employer,including driving a commercial driver performs safety-sensitive functions for an em- motor vehicle,nor shall an employer permit the driver ployer, if it is not feasible to obtain the information to perform or continue to perform safety-sensitive prior to the driver performing safety-sensitive func- functions,until the start of the driver's next regularly tions. An employer may not permit a driver to scheduled duty period, but not less than 24 hours perform safety-sensitive functions after 14 days with- following administration of the test. out obtaining the information. (b) Except as provided in paragraph (a) of this (d)If the driver stops performing safety-sensitive section,no employer shall take any action under this functions for the employer before expiration of the 14 part against a driver based solely on test results day period or before the employer has obtained the showing an alcohol concentration less than 0.04. This information in paragraph(b)of this section, the em- does not prohibit an employer with authority inde- ployer must still obtain the information. pendent of this part from taking any action otherwise (e)The prospective employer must provide to each consistent with law. of the driver's employers within the two preceding §382.507 Penalties. years the driver's specific, written authorization for Any employer or driver who violates the require- release of the information in paragraph(b). ments of this part shall be subject to the penalty (f)The release of any information under this part provisions of 49 U.S.C. §521(b). may take the form of personal interviews,telephone interviews,letters,or any other method of obtaining 18