Subpart P - W1 Confidentiality and Release of Information

Target Language or Knowledge:

As a service agent or employer participating in the DOT drug or alcohol testing process, you are prohibited from releasing individual test results or medical information about an employee to third parties without the employee's specific written consent.
True
Notwithstanding any other provision, as an employer of Commercial Motor Vehicle (CMV) drivers holding commercial driving licenses (CDLs) or as a third-party administrator for owner-operator CMV drivers with CDLs, you are authorized to comply with State laws requiring you to provide to State CDL licensing authorities information about all violations of DOT drug and alcohol testing rules (including positive tests and refusals) by any CMV driver holding a CDL.
True
As an employer, you cannot release information pertaining to an employee's drug or alcohol test without the employee's consent in certain legal proceedings.
False
You have to keep records related to a program requirement such as a maritime employer who does not have a DOT-mandated random alcohol testing program.
True
For example, as a motor carrier, when an FMCSA inspector requests your records, you must ensure that you can provide them within 5 business days.
True
If electronic records do not meet these standards, they must be converted to printer documentation that meets the standards.
True
For example, in personal injury litigation following a truck or bus collision, the court could determine that a post-accident drug test result of an employee is relevant to determining whether the driver or the driver's employer was negligent. The employer is not authorized to respond to the court's order to produce the records.
False
If the law of a ___________ country prohibits you from providing medical information to the employer, you may comply with that prohibition.
True
If you are a service agent, and the employer requests its employee's drug or alcohol testing information from you (e.g., the laboratory's data package), you must immediately provide the requested information to the employer with some conditions.
False
A service agent must not provide to the employer its requested employee's drug or alcohol testing information. Is this correct?
True