La. Admin. Code tit. 43 § XIII-6531

Current through Register Vol. 50, No. 11, November 20, 2024

Section XIII-6531 - Access to Facilities and Records [49 CFR 199.231]

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)]

La. Admin. Code tit. 43, § XIII-6531

Promulgated by the Department of Natural Resources, Office of Conservation, Pipeline Division, LR 21:833 (August 1995), amended LR 30:1300 (June 2004).

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.