Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XIII - Office of Conservation-Pipeline Safety › Subpart 4 - Drug and Alcohol Testing › Chapter 65 - Alcohol Misuse Prevention Program [49 CFR Part 192 Subpart C] › Section XIII-6531 - Access to Facilities and Records [49 CFR 199.231]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except as required by law or expressly
				  authorized or required in this Chapter, no employer shall release covered
				  employee information that is contained in records required to be maintained in
				  §6527 [
				49 CFR
				  199.231(a)]
B. A covered employee is entitled, upon
				  written request, to obtain copies of any records pertaining to the employee's
				  use of alcohol, including any records pertaining to his or her alcohol tests.
				  The operator shall promptly provide the records requested by the employee.
				  Access to a employee's records shall not be contingent upon payment for records
				  other than those specifically requested. [
				49 CFR
				  199.231(b)]
C. Each operator shall permit access to all
				  facilities utilized in complying with the requirements of this Chapter to the
				  secretary of transportation, any DOT agency, or a representative of a state
				  agency with regulatory authority over the operator. [
				49 CFR
				  199.231(c)]
D. Each operator shall make available copies
				  of all results for employer alcohol testing conducted under this Chapter and
				  any other information pertaining to the operator's alcohol misuse prevention
				  program, when requested by the secretary of transportation, any DOT agency with
				  regulatory authority over the operator, or a representative of a state agency
				  with regulatory authority over the operator. The information shall include
				  name-specific alcohol test results, records, and reports. [
				49 CFR
				  199.231(d)]
E. When requested by the National
				  Transportation Safety Board as part of an accident investigation, an operator
				  shall disclose information related to the operator's administration of any
				  post-accident alcohol tests administered following the accident under
				  investigation. [
				49 CFR
				  199.231(e)]
F. An operator shall make records available
				  to a subsequent employer upon receipt of the written request from the covered
				  employee. Disclosure by the subsequent employer is permitted only as expressly
				  authorized by the terms of the employee's written request. [
				49 CFR
				  199.231(f)]
G. An operator may disclose information
				  without employee consent as provided by DOT procedures concerning certain legal
				  proceedings. [
				49 CFR
				  199.231(g)]
H. An operator shall release information
				  regarding a covered employee's records as directed by the specific, written
				  consent of the employee authorizing release of the information to an identified
				  person. Release of such information by the person receiving the information is
				  permitted only in accordance with the terms of the employee's consent. [
				49 CFR
				  199.231(h)]
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 30:751-757, redesignated as R.S. 30:701-707
					 and
					 R.S. 30:501
					 et seq.