Login / Register | 0 items - $ 0.00 CONTACT US

AlcoPro - Drug and Alcohol Testing Products & DOT Training

  • Products
  • Training
    • DOT Drug and Alcohol Training
    • Employer Substance Abuse Awareness Training
    • Hotels in Knoxville
    • Training Materials
    • DOT Regulations Knowledge Base
  • Knowledge Base
  • Repairs & Services
  • Resources
    • Catalogs
    • Knowledge Base
    • Buyer’s Guide
    • Product Document Library
    • Drug Test Finder
    • Drink Wheel
    • Window of Detection Tool
    • Breath Alcohol Instrument Mouthpiece Chart
  • News
    • News
    • AlcoPro Blog
    • Sign Up – AlcoPro Blog
  • Customer Service
    • Order & Return Policy
    • Shipping Information
    • Apply for Tax Exempt Status
    • Satisfaction & Warranty Policy
    • Repair Services and Technical Support
    • Privacy Policy
    • Customer Reviews
  • Contact Us
    • Contact Us
    • Quote Request
    • Catalog Request
    • Product Sample Request
    • BAC Wheel Request
    • Customer Reviews
  • About Us

800.227.9890

Follow Us on FacebookFollow Us on TwitterFollow Us on LinkedIn

Are employers and their service agents in the Department of Transportation (DOT) drug and alcohol testing program required to obtain employee written authorizations in order to disclose drug and alcohol testing information?

  • Home
  • /
  • Knowledge-base
  • /
  • DOT
  • /
  • General FAQ
  • /
  • Are employers and their service agents in the Depa…

In the DOT drug and alcohol testing program, employers and service agents are not required to obtain written employee authorization to disclose drug and alcohol testing information where disclosing the information is required by 49 CFR Part 40 and other DOT Agency & U.S. Coast Guard (USCG) drug and alcohol testing regulations. 49 CFR Part 40 and DOT Agency & USCG regulations provide for confidentiality of individual test-related information in a variety of other circumstances.

• Even if drug and alcohol testing information is viewed as protected under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) rules, it is not necessary to obtain employee written authorization where DOT requires the use or disclosure of otherwise protected health information under 49 CFR Part 40 or the other DOT Agency & USCG drug and alcohol testing regulations.

• Unless otherwise stipulated by 49 CFR Part 40 or DOT Agency & USCG regulations, use or disclosure of the DOT drug and alcohol testing information without a consent or authorization from the employee is required by the Omnibus Transportation Employees Testing Act of 1991, 49 CFR Part 40, and DOT Agency & USCG drug and alcohol testing regulations.

• Consequently, an employer or service agent in the DOT program may disclose the information without the written authorization from the employee under many circumstances. For example:

— Employers need no written authorizations from employees to conduct DOT tests.

— Collectors need no written authorizations from employees to perform DOT urine collections, to distribute Federal Drug Testing Custody and Control Forms, or to send specimens to laboratories.

— Screening Test Technicians and Breath Alcohol Technicians need no written authorizations from employees to perform DOT saliva or breath alcohol tests (as appropriate), or to report alcohol test results to employers.

— Laboratories need no written authorizations from employees to perform DOT drug and validity testing, or to report test results to Medical Review Officers (MROs).

— MROs need no written authorizations from employees to verify drug test results, to discuss alternative medical explanations with prescribing physicians and issuing pharmacists, to report results to employers, to confer with Substance Abuse Professionals (SAPs) and evaluating physicians, or to report other medical information (see §40.327).

— SAPs need no written authorizations from employees to conduct SAP evaluations, to confer with employers, to confer with MROs, to confer with appropriate education and treatment providers, or to provide SAP reports to employers.

— Consortia/Third Party Administrators need no written authorizations from employees to bill employers for service agent functions that they perform for employers or contract on behalf of employers.

— Evaluating physicians need no written authorizations from employees to report evaluation information and results to MROs or to employers, as appropriate.

— Employers and service agents need no written authorizations from employees to release information to requesting Federal, state, or local safety agencies with regulatory authority over them or employees.

ABOUT ALCOPRO

Since 1982, AlcoPro has supplied and manufactured the most accurate drug and alcohol testing instruments, kits, and supplies for professional use. We take pride in maintaining our industry-wide reputation for accuracy and quality as we help you—our top priority—perform alcohol and drug screenings and tests with greater precision and confidence.

Subscribe to Our Blog

  • This field is for validation purposes and should be left unchanged.

800.227.9890
Follow Us on FacebookFollow Us on TwitterFollow Us on LinkedInFollow Us on YouTube

Privacy Policy

© 2023 AlcoPro.
All Rights Reserved.

Custom Website Design & Development by VIEO Design