Historical textIn force on Sept. 30, 1998Source: annual CFR editions 1996–2000

§ 40.35 Protection of employee records.

Wording first on file in the 1996 annual edition, superseded by the 2001 annual edition.

govinfo, 1997 edition ↗

Compare with

Before Jan. 1, 2017 the record is one snapshot per annual CFR edition, revised as of October 1. This is the 1997 edition's wording. An amendment that took effect between Oct. 1, 1997 and Sept. 30, 1998 would not appear until the next edition, so check the citations below and the Federal Register for exact effective dates.

49 CFR § 40.35 — Protection of employee records.. Text in force on September 30, 1998. This wording effective October 1, 1996 to October 1, 2001. Source: govinfo, 1997 edition, https://www.govinfo.gov/app/details/CFR-1997-title49-vol1/CFR-1997-title49-vol1-sec40-35. Retrieved from FMCSR.com, https://fmcsr.com/reg/40.35?asof=1998-09-30, on October 26, 2026. Unofficial compilation; verify against the official source.

Employer contracts with laboratories shall require that the laboratory maintain employee test records in confidence, as provided in DOT agency regulations. The contracts shall provide that the laboratory shall disclose information related to a positive drug test of an individual to the individual, the employer, or the decisionmaker in a lawsuit, grievance, or other proceeding initiated by or on behalf of the individual and arising from a certified positive drug test.

Amendment history

8 distinct wordings on file since Oct. 1, 1996

Dec. 5, 2024 → presenteCFR, day-precisediff vs. previous
[88 FR 27638, May 2, 2023, as amended at 89 FR 87798, Nov. 5, 2024]
Nov. 5, 2024 → Dec. 5, 2024eCFR, day-precisediff vs. previous
[88 FR 27638, May 2, 2023]
Aug. 1, 2024 → Nov. 5, 2024eCFR, day-precisediff vs. previous
[88 FR 27638, May 2, 2023]
June 21, 2024 → Aug. 1, 2024eCFR, day-precisediff vs. previous
[88 FR 27638, May 2, 2023]
June 1, 2023 → June 21, 2024eCFR, day-precisediff vs. previous
[88 FR 27638, May 2, 2023]
May 2, 2023 → June 1, 2023eCFR, day-precisediff vs. previous
Oct. 1, 2001 → May 2, 2023annual editions 2001–2016diff vs. previous
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.