All records pertaining to this government entity's drug and alcohol testing program shall be maintained in a secure location with controlled access and shall be maintained according to 49 CFR 382.401. Records, including drug and alcohol test results, shall only be released in the following circumstances:
(A) Drivers are entitled to copies of their records pertaining to their use of drugs and alcohol, including any records pertaining to their drug and alcohol tests. This government entity shall promptly provide records requested by the drivers. Access to the driver's records shall not be conditional upon payment for records, other than those they are specifically requesting.
(B) Records to subsequent employers shall be made available upon receipt of a written authorization from the driver. This government entity will only disclose information that is expressly authorized by the terms of the driver's authorization request. This government entity shall provide such information and results requested promptly to the subsequent employer at no charge.
(C) This government entity may disclose drug and alcohol information pertaining to a driver to the decision maker in a lawsuit, grievance or other proceeding initiated by or on behalf of the driver, and arising from the results of a drug and alcohol test administered according to this policy or from this government entity's determination that the driver engaged in conduct prohibited in § 39.22 (including, but not limited to worker's compensation, unemployment compensation or other proceeding relating to a benefit sought by the driver).
(D) This government entity shall only release information regarding a drivers record as directed by the specific written consent of the driver to an identified person. Release of that information by the person receiving the information is permitted only in accordance with the terms of the employee's consent.
(E) Records shall be accessible and copies shall be made available in all of this government entity's facilities to the U.S. Secretary of Transportation, and DOT agency, or any state or local officials with regulatory authority over this government entity or any of this government entity's drivers.
(F) In the event this government entity chooses to rehabilitate a driver with a positive alcohol result of .04 or greater, or a refusal to test, we shall release the alcohol result and or documentation to Mid-West Truckers Association (our drug and alcohol testing consortium) and to the MRO to administer the return-to-duty and follow-up testing as required under 49 CFR Part 382.
(Ord. 936, passed 5-20-98)