Can I release an employee’s positive test information in an unemployment hearing?
49 CFR Part 40.323 allows you, as an employer, to release information pertaining to an employee’s drug or alcohol test without the employee’s consent in certain legal proceedings. These proceedings include a lawsuit, grievance or administrative proceeding (e.g., unemployment compensation hearing) brought by, or on behalf of, an employee and resulting from a positive DOT drug or alcohol test or a refusal to test (including, but not limited to, adulterated or substituted test results).
49 CFR Part 40.323 allows you, as an employer, to release information pertaining to an employee’s drug or alcohol test without the employee’s consent in certain legal proceedings. These proceedings include a lawsuit, grievance or administrative proceeding (e.g., unemployment compensation hearing) brought by, or on behalf of, an employee and resulting from a positive DOT drug or alcohol test or a refusal to test (including, but not limited to, adulterated or substituted test results). I talked to my driver about his positive drug test result. He apologized and explained the situation. He said that he was at a party and did something foolish. He promised me that he’s fine and it won’t happen again. I really don’t think he needs treatment. Can’t I just send him in for another test? No. Your driver violated the DOT drug and alcohol prohibitions, and he must complete the return-to-duty process. DOT regulations do not differentiate between one-time and reoccurring substance abuse problems. I
