Who Can Receive an Employee's DOT Drug Test Results?

Under 49 CFR 40.165, the MRO reports DOT drug test results to the employer's Designated Employer Representative (DER), or through a consortium/third-party administrator (C/TPA) when the employer has chosen to receive results that way. 49 CFR 40.3 states that the DER "receives test results and other communications for the employer."

Under 49 CFR 40.321, employers and service agents are prohibited from releasing individual test results or medical information about an employee to third parties without the employee's specific written consent. The rule defines specific written consent as a statement signed by the employee agreeing to the release of a particular piece of information to a particular, explicitly identified person or organization at a particular time. Blanket releases, such as consent to release all test results or to release information to companies where the employee may apply for employment, are prohibited.

The same section defines a third party as any person or organization that other subparts of Part 40 do not explicitly authorize or require to receive the information. Other sections of Subpart P set out exceptions to the general rule.

Access to records is covered in Can an Employee Get a Copy of DOT Drug Test Records?.

The MyDrugTesting.com directory lists TPAs, MROs and other drug testing service providers that can be searched by location and service.