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TITLE 49 - TRANSPORTATION
SUBTITLE A - OFFICE OF THE SECRETARY OF TRANSPORTATION
PART 40 - PROCEDURES FOR TRANSPORTATION WORKPLACE DRUG AND ALCOHOL TESTING PROGRAMS
subpart r - PUBLIC INTEREST EXCLUSIONS
Appendix F to Part 40 - Drug and Alcohol Testing Information that C/TPAs May Transmit to Employers
1. If you are a C/TPA, you may, acting as an intermediary, transmit the information in the following sections of this part to the DER for an employer, if the employer chooses to have you do so. These are the only items that you are permitted to transmit to the employer as an intermediary. The use of C/TPA intermediaries is prohibited in all other cases, such as transmission of laboratory drug test results to MROs, the transmission of medical information from MROs to employers, the transmission of SAP reports to employers, the transmission of positive alcohol test results, and the transmission of medical information from MROs to employers.
2. In every case, you must ensure that, in transmitting the information, you meet all requirements (e.g., concerning confidentiality and timing) that would apply if the party originating the information (e.g., an MRO or collector) sent the information directly to the employer. For example, if you transmit MROs' drug testing results to DERs, you must transmit each drug test result to the DER in compliance with the requirements for MROs set forth in 40.167.
Drug Testing Information 40.25: Previous two years' test results 40.35: Notice to collectors of contact information for DER 40.61(a): Notification to DER that an employee is a no show for a drug test 40.63(e): Notification to DER of a collection under direct observation 40.65(b)(6) and (7) and (c)(2) and (3): Notification to DER of a refusal to provide a specimen or an insufficient specimen 40.73(a)(9): Transmission of CCF copies to DER (However, MRO copy of CCF must be sent by collector directly to the MRO, not through the C/TPA.) 40.111(a): Transmission of laboratory statistical report to employer 40.127(f): Report of test results to DER 40.127(g), 40.129(d), 40.159(a)(4)(ii); 40.161(b): Reports to DER that test is cancelled 40.129 (d): Report of test results to DER 40.129(g)(1): Report to DER of confirmed positive test in stand-down situation 40.149(b): Report to DER of changed test result 40.155(a): Report to DER of dilute specimen 40.167(b) and (c): Reports of test results to DER 40.187(a)(f) Reports to DER concerning the reconfirmation of tests 40.191(d): Notice to DER concerning refusals to test 40.193(b)(3): Notification to DER of refusal in shy bladder situation 40.193(b)(4): Notification to DER of insufficient specimen 40.193(b)(5): Transmission of CCF copies to DER (not to MRO) 40.199: Report to DER of cancelled test and direction to DER for additional collection 40.201: Report to DER of cancelled test Alcohol Testing Information 40.215: Notice to BATs and STTs of contact information for DER 40.241(b)(1): Notification to DER that an employee is a no show for an alcohol test 40.247(a)(2): Transmission of alcohol screening test results only when the test result is less than 0.02 40.255(a)(4): Transmission of alcohol confirmation test results only when the test result is less than 0.02 40.263(a)(3) and 263(b)(3): Notification of insufficient saliva and failure to provide sufficient amount of breath [65 FR 79526, Dec. 19, 2000, as amended at 66 FR 41955, Aug. 9, 2001]
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