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DOT Issues Q&A Concerning HIPAA Regulations
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| The Department of Transportation (DOT) has released a Q&A concerning how the Health Insurance Portability and Accountability Act (HIPAA) privacy regulations, which went into affect April 14th, affect DOT mandated drug and alcohol testing. As expected, the Q&A details the reasons why HIPAA does not affect DOT testing. In addition, the Q&A reinforces the DOT regulation prohibiting the use of consent and authorization forms in order to release results. DATIA has urged DOT to prepare a formal Q&A on this issue and is pleased to see that guidance has been provided to the industry. Read the full Q&A. |
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Question & Answer: Excerpts from the DATIA Forum
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Question: We have several satellite offices from our clinic that all have EBTs. Is it necessary to keep all the collector copies of the ATF in the same physical location as the EBT? We enter all the information on our database and it would easier to keep the copies at our main location.
Answer: Section 40.349 (e) of 49 CFR Part 40 states that "you must ensure that you can make available to the employer within two business days any information the employer is asked to produce by a DOT agency representative.
Your copies can be kept at a central location as long as they are easily accessible within 2 business days should there be a DOT audit or if the employer requests it.
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Mark Your Calendar
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The deadline for many DOT training requirements expired on January 31,2003. Have you met the DOT required specimen collector qualification training and proficiency demonstrations?”
Register for a DATIA Certified Professional Collector Trainer™ (CPCT) course today. At the same time, you can register for the valuable Secrets to Successful Drug and Alcohol Testing Program Management course.
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Random Testing of Safety Sensitive Employees Is Not Just an Issue in The U.S.
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