Driver drug and alcohol records must be kept confidential, except as required by law, or expressly authorized or required in the drug testing rules; no employers shall release driver information contained in the records which are required to be maintained under FMCSR §382.401. There are limited exceptions to those rules, and the carrier should become familiar with those exceptions. The rules also require the release of alcohol and drug test information by previous employers. The carrier must obtain information from previous employers regarding any positive drug tests, positive alcohol tests with a concentration of 0.04 or greater, and refusals to be tested, within the preceding three years. This information must be received after the driver signs the proper release and maintained in the Driver Investigation History File (refer to Chapter 2).
