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Appendix F to Part 40

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) through (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]

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