South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 5 - STATE TRANSPORT POLICE REGULATIONS › Subarticle 1 - UNMANUFACTURED FOREST PRODUCTS TRUCKING REGULATIONS › Part 38-382 - CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING › Subpart D - HANDLING OF TEST RESULTS, RECORD RETENTION, AND CONFIDENTIALITY › Section 38-382.405 - Access to facilities and records

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Except as required by law or expressly
					 authorized or required in 38-382, no employer shall release driver information
					 that is contained in records required to be maintained under Regulation
					 38-382.401.
(b) A driver is entitled, upon written
					 request, to obtain copies of any records pertaining to the driver's use of
					 alcohol or controlled substances, including any records pertaining to his or
					 her alcohol or controlled substances tests. The employer shall promptly provide
					 the records requested by the driver. Access to a driver's records shall not be
					 contingent upon payment for records other than those specifically
					 requested.
(c) Each employer shall
					 permit access to all facilities utilized in complying with the requirements of
					 38-382 to the Secretary of Transportation, any DOT agency, or any State or
					 local officials with regulatory authority over the employer or any of its
					 drivers.
(d) Each employer shall
					 make available copies of all results for employer alcohol and/or controlled
					 substances testing conducted under 38-382 and any other information pertaining
					 to the employer's alcohol misuse and/or controlled substances use prevention
					 program, when requested by the Secretary of Transportation, any DOT agency, or
					 any State or local officials with regulatory authority over the employer or any
					 of its drivers.
(e) When requested
					 by the National Transportation Safety Board as part of an accident
					 investigation, employers shall disclose information related to the employer's
					 administration of a post-accident alcohol and/or controlled substance test
					 administered following the accident under investigation.
(f) Records shall be made available to a
					 subsequent employer upon receipt of a written request from a driver. Disclosure
					 by the subsequent employer is permitted only as expressly authorized by the
					 terms of the driver's request.
(g)
					 An employer may disclose information required to be maintained under 38-382
					 pertaining to a driver to the decision maker in a lawsuit, grievance, or
					 administrative proceeding initiated by or on behalf of the individual, and
					 arising from a positive DOT drug or alcohol test or a refusal to test
					 (including, but not limited to, adulterated or substituted test results) of
					 38-382 (including, but not limited to, a worker's compensation, unemployment
					 compensation, or other proceeding relating to a benefit sought by the driver).
					 Additionally, an employer may disclose information in criminal or civil actions
					 in accordance with Section 40.323(a)(2) of the Federal Motor Carrier Safety
					 Administration's procedures for transportation workplace drug and alcohol
					 testing programs.
(h) An employer
					 shall release information regarding a driver's records as directed by the
					 specific written consent of the driver 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 specific written consent as outlined in Section 40.32Kb of the
					 Federal Motor Carrier Safety Administration's procedures for transportation
					 workplace drug and alcohol testing programs.