Appendix F to Part 40 - Drug and Alcohol Testing Information that C/TPAs May Transmit to Employers
49:1.0.1.1.30.20.43.1.33 : Appendix F
Appendix F to Part 40 - Drug and Alcohol Testing Information that
C/TPAs May Transmit to Employers
1. If you are a C/TPA, you may, acting as an intermediary,
transmit the information in the following sections of this part to
the DER for an employer, if the employer chooses to have you do so.
These are the only items that you are permitted to transmit to the
employer as an intermediary. The use of C/TPA intermediaries is
prohibited in all other cases, such as transmission of laboratory
drug test results to MROs, the transmission of medical information
from MROs to employers, the transmission of SAP reports to
employers, the transmission of positive alcohol test results, and
the transmission of medical information from MROs to employers.
2. In every case, you must ensure that, in transmitting the
information, you meet all requirements (e.g., concerning
confidentiality and timing) that would apply if the party
originating the information (e.g., an MRO or collector) sent
the information directly to the employer. For example, if you
transmit MROs' drug testing results to DERs, you must transmit each
drug test result to the DER in compliance with the requirements for
MROs set forth in § 40.167.
Drug Testing Information § 40.25: Previous two years' test results
§ 40.35: Notice to collectors of contact information for DER §
40.61(a): Notification to DER that an employee is a “no show” for a
drug test § 40.63(e): Notification to DER of a collection under
direct observation § 40.65(b)(6) and (7) and (c)(2) and (3):
Notification to DER of a refusal to provide a specimen or an
insufficient specimen § 40.73(a)(9): Transmission of CCF copies to
DER (However, MRO copy of CCF must be sent by collector directly to
the MRO, not through the C/TPA.) § 40.111(a): Transmission of
laboratory statistical report to employer § 40.127(f): Report of
test results to DER §§ 40.127(g), 40.129(d), 40.159(a)(4)(ii);
40.161(b): Reports to DER that test is cancelled § 40.129 (d):
Report of test results to DER § 40.129(g)(1): Report to DER of
confirmed positive test in stand-down situation §§ 40.149(b):
Report to DER of changed test result § 40.155(a): Report to DER of
dilute specimen § 40.167(b) and (c): Reports of test results to DER
§ 40.187(a)-(e) Reports to DER concerning the reconfirmation of
tests § 40.191(d): Notice to DER concerning refusals to test §
40.193(b)(3): Notification to DER of refusal in shy bladder
situation § 40.193(b)(4): Notification to DER of insufficient
specimen § 40.193(b)(5): Transmission of CCF copies to DER (not to
MRO) § 40.199: Report to DER of cancelled test and direction to DER
for additional collection § 40.201: Report to DER of cancelled test
Alcohol Testing Information § 40.215: Notice to BATs and STTs of
contact information for DER § 40.241(b)(1): Notification to DER
that an employee is a “no show” for an alcohol test § 40.247(a)(2):
Transmission of alcohol screening test results only when the test
result is less than 0.02 § 40.255(a)(4): Transmission of alcohol
confirmation test results only when the test result is less than
0.02 § 40.263(a)(3) and 263(b)(3): Notification of insufficient
saliva and failure to provide sufficient amount of breath [65 FR
79526, Dec. 19, 2000, as amended at 66 FR 41955, Aug. 9, 2001; 73
FR 35975, June 25, 2008]