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May the previous employer delay sending an employee’s drug and alcohol testing information to the gaining employer pending payment for the cost of the information?

  • No. Part 40 specifically requires that previous employers immediately provide the gaining employer with the appropriate drug and alcohol testing information. 
  • No one (i.e., previous employer, service agent [to include C/TPA], employer information / data broker) may withhold this information from the requesting employer pending payment for it.