§FMCSR.com
Historical textIn force on Oct. 1, 1997Source: annual CFR editions 1996–2000

§ 382.405 Access to facilities and records.

Wording first on file in the 1996 annual edition, superseded by the 2001 annual edition.

govinfo, 1996 edition ↗
Before Jan. 1, 2017 the record is one snapshot per annual CFR edition, revised as of October 1. This is the 1996 edition's wording. An amendment that took effect between Oct. 1, 1997 and Oct. 1, 1997 would not appear until the next edition, so check the citations below and the Federal Register for exact effective dates. govinfo does not publish the 1997 edition of Parts 300–399 in machine-readable form, so the 1996 text is shown for that year.
49 CFR § 382.405 — Access to facilities and records.. Text in force on October 1, 1997. This wording effective October 1, 1996 to October 1, 2001. Source: govinfo, 1996 edition, https://www.govinfo.gov/app/details/CFR-1996-title49-vol4/CFR-1996-title49-vol4-sec382-405. Retrieved from FMCSR.com, https://fmcsr.com/reg/382.405?asof=1997-10-01, on October 26, 2026. Unofficial compilation; verify against the official source.

(a) Except as required by law or expressly authorized or required in this section, no employer shall release driver information that is contained in records required to be maintained under § 382.401.

(b) A driver is entitled, upon written request, to obtain copies of any records pertaining to the driver's use of alcohol or controlled substances, including any records pertaining to his or her alcohol or controlled substances tests. The employer shall promptly provide the records requested by the driver. Access to a driver's records shall not be contingent upon payment for records other than those specifically requested.

(c) Each employer shall permit access to all facilities utilized in complying with the requirements of this part to the Secretary of Transportation, any DOT agency, or any State or local officials with regulatory authority over the employer or any of its drivers.

(d) Each employer shall make available copies of all results for employer alcohol and/or controlled substances testing conducted under this part and any other information pertaining to the employer's alcohol misuse and/or controlled substances use prevention program, when requested by the Secretary of Transportation, any DOT agency, or any State or local officials with regulatory authority over the employer or any of its drivers.

(e) When requested by the National Transportation Safety Board as part of an accident investigation, employers shall disclose information related to the employer's administration of a post-accident alcohol and/or controlled substance test administered following the accident under investigation.

(f) Records shall be made available to a subsequent employer upon receipt of a written request from a driver. Disclosure by the subsequent employer is permitted only as expressly authorized by the terms of the driver's request.

(g) An employer may disclose information required to be maintained under this part pertaining to a driver, the decisionmaker in a lawsuit, grievance, or other proceeding initiated by or on behalf of the individual, and arising from the results of an alcohol and/or controlled substance test administered under this part, or from the employer's determination that the driver engaged in conduct prohibited by subpart B of this part (including, but not limited to, a worker's compensation, unemployment compensation, or other proceeding relating to a benefit sought by the driver.)

(h) An employer shall release information regarding a driver's records as directed by the specific, written consent of the driver 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.

Amendment history

4 distinct wordings on file since Oct. 1, 1996
  1. Jan. 17, 2017 → presenteCFR, day-precisediff vs. previous
    [66 FR 43103, Aug. 17, 2001, as amended at 81 FR 87725, Dec. 5, 2016]
  2. Jan. 1, 2017 → Jan. 17, 2017eCFR, day-precisediff vs. previous
  3. Oct. 1, 2001 → Jan. 1, 2017annual editions 2001–2016diff vs. previous
  4. Oct. 1, 1996 → Oct. 1, 2001annual editions 1996–2000viewing

A new entry appears whenever the regulatory words change between government snapshots. Day-precise from the eCFR (2017 onward); before that, one snapshot per annual CFR edition (revised as of October 1). Bracketed citations are the Federal Register history printed with the section.