• In some cases, employers may be asked to release confidential testing records to others.
• Employees must give specific written consent to release individual test results.

Even though much emphasis has been placed on confidentiality of Department of Transportation (DOT) testing records, employers may be called upon to release records to others, including:

• The employee. The driver is entitled, upon written request, to any records pertaining to drug or alcohol tests. The records must be provided promptly.
• A DOT or other regulatory official. Employers are required to permit access to facilities and records upon request of the regulatory official, providing the person has proper authority.
• The decision-maker in a lawsuit. The regulations allow the company to disclose driver information to the decision-maker in a lawsuit, grievance, or other proceeding initiated by or on behalf of an individual the result of an action taken under Part 382. Workers’ compensation and unemployment compensation are examples of proceedings included under this provision.
• Future employers and others with permission. Records must also be made available to future employers or other identified parties when accompanied by a specific written consent from the driver.

Specific written consent

A service agent or employer participating in the DOT drug or alcohol testing process may not release individual test results or medical information about an employee to third parties without the employee’s specific written consent.

A third party is any person or organization to whom the DOT regulations do not explicitly authorize or require the transmission of information in the course of the drug or alcohol testing process. For instance, the driver would not have to sign a specific written consent for the medical review officer to receive the lab result for a DOT drug screen because this is required by the regulations. However, a prospective or new employer who is contacting a former employer for copies of DOT tests must have the driver’s permission through a specific written consent.

“Specific written consent” means a statement signed by the driver that the individual agrees to the release of a particular piece of information (e.g., drug test result) to a particular, explicitly identified person or organization (e.g., a new employer).