37 Tex. Admin. Code § 4.21 - Report of Valid Positive Result on Alcohol and Drug Test

(a) An employer required under the federal safety regulations to conduct alcohol and controlled substance testing of employees shall report to the department a valid positive result on an alcohol or controlled substance test performed as part of the carrier's alcohol and drug testing program or consortium, as defined by Title 49, Code of Federal Regulations, Part 382, on an employee of the carrier who holds a commercial driver license issued under Texas Transportation Code, Chapter 522.

(1) The report must be submitted by employers within 10 days of receiving notice of a valid positive result on an alcohol or drug test performed.

(2) The report must be submitted on a department created form available on the department's website at http://www.dps.texas.gov/internetforms/default.aspx. All information requested on the form must be completed. The completed form must be mailed to MCS Section Supervisor, Motor Carrier Bureau, Texas Department of Public Safety, 6200 Guadalupe, MSC# 0521, Austin, Texas 78752-4019, or sent by facsimile to (512) 424-5310. Unless the report is for a refusal to submit a sample, employers must also attach a legible copy of either the Federal Drug Testing, Custody and Control Form (with at least steps one through six completed), the U.S. Department of Transportation (DOT) Alcohol Testing Form (with at least steps one through three completed), or the medical review officer's or breath alcohol technician's signed report of a positive, diluted, adulterated, or substituted alcohol or drug test.

(3) Any requestor who has obtained permission to request and receive release of information via electronic mail under subsection (b)(2) of this section may also submit a report via electronic mail. The complete report must be filled out in its entirety, and must be clearly scanned with attachments as described in paragraph (2) of this subsection.

(4) When a valid positive result is obtained on an owner-operator, that owner-operator is responsible for submission of the Report of Valid Positive Drug or Alcohol Test to the department.

(5) A medical review officer, breath alcohol technician, laboratory, consortium, or other individual may submit a Report of Valid Positive Drug or Alcohol Test to the department. A report by a laboratory or other individual will only be entered into the department's database when the report has been verified by the medical review officer or breath alcohol technician.

(6) A dilute positive drug test under Title 49, Code of Federal Regulations, § 40.197(a) is a valid positive result. A dilute negative drug test is not a valid positive test. A positive drug test from a recollection under Title 49, Code of Federal Regulations, § 40.197(b) is a valid positive test.

(b) Information regarding Report of Valid Positive Drug or Alcohol Test is confidential and only subject to release as provided in Texas Transportation Code, § 521.053. A request must be submitted on a department created form available on the department's website at http://www.dps.texas.gov/internetforms/default.aspx.

(1) The request form must be mailed to MCS Section Supervisor, Motor Carrier Bureau, Texas Department of Public Safety, 6200 Guadalupe, MSC# 0521, Austin, Texas 78752-4019, or sent by facsimile to (512) 424-5310.

(2) A requester may apply for and obtain permission to request and receive release of information via electronic mail. Electronic mail addresses are subject to initial and continuing verification by the department. A request must be submitted on a department created form available on the department's website at http://www.dps.texas.gov/internetforms/default.aspx. Once a requester has obtained permission to request and receive information via electronic mail, each individual request must still be made with a clearly scanned copy of the form described in subsection (b) of this section and be in compliance with the requirements of Texas Transportation Code, § 521.053.

(c) A valid positive test result under § 4.22 of this title (relating to Contract Carriers of Certain Passengers) must be reported and maintained in the same manner as reports under subsection (a) of this section. Such information may only be released in the same manner as described in subsection (b) of this section.

Notes

37 Tex. Admin. Code § 4.21

The provisions of this §4.21 adopted to be effective December 6, 2005, 30 TexReg 8177; amended to be effective May 30, 2006, 31 TexReg 4442; amended to be effective October 1, 2006, 31 TexReg 8109; amended to be effective April 30, 2007, 32 TexReg 2370; amended to be effective August 16, 2007, 32 TexReg 5034; amended to be effective February 25, 2010, 35 TexReg 1470; Amended by Texas Register, Volume 45, Number 13, March 27, 2020, TexReg 2208, eff. 4/1/2020