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Current textSource: eCFR

§ 40.111 When and how must a laboratory disclose statistical summaries and other information it maintains?

Current wording, effective June 1, 2023.

eCFR (current) ↗
What changedOct. 1, 1996 wording → June 1, 2023 wording (current)+335 added−183 removedHide

Records(a) concerningAs STTsa andlaboratory, non-evidentialyou testingmust devicestransmit shallan beaggregate maintainedstatistical andsummary, disclosedby followingemployer, of the samedata requirementslisted applicablein appendix D of this part with respect to BATseach andspecimen EBTstype underfor §which 40you conduct tests to the employer on a semi-annual basis.81
(1) The summary must not reveal the identity of thisany partemployee.
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[59or FRreport 43002,by Aug.hard 19copy, 1994fax, or other electronic means.
(c) You must also release information to appropriate parties as amendedprovided atin 60§§ FR40.329 19537,and Apr40.331.
(d) 19As a laboratory, 1995]
Appendixyou Bmust transmit an aggregate statistical summary listed in appendix E of this part for each specimen type for which you conduct testing to PartDOT 40—on a semi-annual basis. The Breathsummary Alcoholmust Testingbe Form
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[5965 FR 4301379526, AugDec. 19, 19942000, as amended at 73 FR 35971, June 25, 2008; 88 FR 27645, May 2, 2023]

49 CFR § 40.111 — When and how must a laboratory disclose statistical summaries and other information it maintains?. Text current through October 22, 2026. This wording effective June 1, 2023 to present. Source: eCFR (current), https://www.ecfr.gov/current/title-49/section-40.111. Retrieved from FMCSR.com, https://fmcsr.com/reg/40.111, on October 26, 2026. Unofficial compilation; verify against the official source.

(a) As a laboratory, you must transmit an aggregate statistical summary, by employer, of the data listed in appendix D of this part with respect to each specimen type for which you conduct tests to the employer on a semi-annual basis.

(1) The summary must not reveal the identity of any employee.

(2) In order to avoid sending data from which it is likely that information about an employee's test result can be readily inferred, you must not send a summary if the employer has fewer than five aggregate tests results.

(3) The summary must be sent by January 20 of each year for July 1 through December 31 of the prior year.

(4) The summary must also be sent by July 20 of each year for January 1 through June 30 of the current year.

(b) When the employer requests a summary in response to an inspection, audit, or review by a DOT agency, you must provide it unless the employer had fewer than five aggregate test results. In that case, you must send the employer a report indicating that not enough testing was conducted to warrant a summary. You may transmit the summary or report by hard copy, fax, or other electronic means.

(c) You must also release information to appropriate parties as provided in §§ 40.329 and 40.331.

(d) As a laboratory, you must transmit an aggregate statistical summary listed in appendix E of this part for each specimen type for which you conduct testing to DOT on a semi-annual basis. The summary must be sent by January 31 of each year for July 1 through December 31 of the prior year. It must be sent by July 31 of each year for January 1 through June 30 of the current year. If you withdraw or are removed from NLCP's laboratory certification during a reporting period, you must provide the aggregate statistical summary to the DOT-regulated employers and to ODAPC for the last reporting period in which you conducted DOT-regulated testing.

[65 FR 79526, Dec. 19, 2000, as amended at 73 FR 35971, June 25, 2008; 88 FR 27645, May 2, 2023]

Amendment history

7 distinct wordings on file since Oct. 1, 1996
  1. June 1, 2023 → presenteCFR, day-precisediff vs. previousviewing
    [65 FR 79526, Dec. 19, 2000, as amended at 73 FR 35971, June 25, 2008; 88 FR 27645, May 2, 2023]
  2. May 2, 2023 → June 1, 2023eCFR, day-precisediff vs. previous
    [65 FR 79526, Dec. 19, 2000, as amended at 73 FR 35971, June 25, 2008]
  3. Oct. 1, 2012 → May 2, 2023annual editions 2012–2016diff vs. previous
    [65 FR 79526, Dec. 19, 2000, as amended at 73 FR 35971, June 25, 2008]
  4. Oct. 1, 2011 → Oct. 1, 2012annual edition 2011diff vs. previous
    [65 FR 79526, Dec. 19, 2000, as amended at 73 FR 35971, June 25, 2008]
  5. Oct. 1, 2008 → Oct. 1, 2011annual editions 2008–2010diff vs. previous
    [65 FR 79526, Dec. 19, 2000, as amended at 73 FR 35971, June 25, 2008]
  6. Oct. 1, 2001 → Oct. 1, 2008annual editions 2001–2007diff vs. previous
  7. Oct. 1, 1996 → Oct. 1, 2001annual editions 1996–2000
    [59 FR 43013, Aug. 19, 1994]

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. Set a case date in the header to read any earlier wording.