§40.327 — When must the MRO report medical information gathered in the verification process?
(a) As the MRO, you must, except as provided in paragraph (d) of this section, report drug test results and medical information you learned as part of the verification process to third parties without the employee's consent if you determine, in your reasonable medical judgment, that: (1) The information is likely to result in the employee being determined to be medically unqualified under an applicable DOT agency regulation; or |
(2) The information indicates that continued performance by the employee of his or her safety-sensitive function is likely to pose a significant safety risk. |
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(b) The third parties to whom you are authorized to provide information by this section include the employer, a physician or other health care provider responsible for determining the medical qualifications of the employee under an applicable DOT agency safety regulation, a SAP evaluating the employee as part of the return to duty process (see §40.293(g)), a DOT agency, or the National Transportation Safety Board in the course of an accident investigation. |
| (c) The MRO must not report such medical information using the CCF. Instead, the MRO must provide the information in a separate written communication (e.g., letter, secure email). The information must state the specific nature of the MRO's safety concern (e.g., the effects of a medication the employee is taking, the employee's underlying medical condition that the employee disclosed to the MRO). |
(d) If the law of a foreign country (e.g., Canada) prohibits you from providing medical information to the employer, you may comply with that prohibition. |
[65 FR 79526, Dec. 19, 2000, as amended at 88 FR 27650, May 2, 2023]
§40.327 — DOT Regulatory Guidance
Question 1: If an MRO knows the identity of a physician responsible for determining whether a DOT-regulated employee is physically qualified to perform safety-sensitive duties (e.g., under Federal Motor Carrier Safety Administration regulations for physical qualifications of motor carrier drivers) for another company, can the MRO report drug test result as well as medical information to that physician? Guidance: Under §40.327(a), an MRO must report drug test results and medical information to third parties without the employee's consent, under certain circumstances spelled out in the rule.
Under §40.327(b), a physician responsible for determining the medical qualifications of an employee under an applicable DOT agency safety regulation is a party to whom the MRO is instructed to provide this information.
Consequently, if an MRO knows the identity of such a physician — even if the physician performs this function for a different employer — the MRO would provide the information. The MRO is not required to affirmatively seek out such physicians, however.