(A)   Test results, record retention and reports. All reports and documentation generated under the requirements of 49 C.F.R. part 382 and this policy will be maintained in accordance with the requirements of 49 C.F.R. part 382.
   (B)   Confidentiality and access to records.
      (1)   A covered employee is entitled, upon written request, to obtain copies of any records pertaining to the employee’s use of alcohol or controlled substance. Access to the employee’s records shall not be contingent upon payment for the records other than those specifically requested.
      (2)   Except as required or allowed by law or expressly authorized or required in this section, the employer shall not release to a third party information contained in records required to be maintained under 49 C.F.R. part 382.
      (3)   Prospective employers are required to obtain, pursuant to an employee’s signed consent, information regarding the drug and alcohol testing of the applicant including any refusals to be tested, during the preceding two years of the date of application for employment. The employer will not release this information to the prospective employer until it receives the employee’s specific, written authorization to release the information. The background check also applies to employees transferring from a non-safety sensitive position into a covered position.
      (4)   The following is not federally mandated; however, it is mandated by state statute: licensed commercial drivers applying for a safety sensitive position will be asked to consent to a check of their drug and alcohol testing records from the state’s Department of Motor Vehicles. If the applicant refuses to consent to the federal or state history checks, the offer for employment shall be withdrawn.
      (5)   Except as required or allowed by law or expressly authorized, records may be released to another identified party only with the specific, written consent of the covered employee authorizing release of the information to the party. The release request must specifically identify the individual to whom the information may be released and must specify the terms of the employee’s consent for use of this information.
(Res. 2003-01, passed 1-7-2003)