§FMCSR.com
Historical textIn force on Oct. 1, 2001Source: annual CFR editions 2001–2016

§ 40.35 What information about the DER must employers provide to collectors?

Wording in the annual edition revised as of Oct. 1, 2001, superseded May 2, 2023.

govinfo, 2001 edition ↗
Before Jan. 1, 2017 the record is one snapshot per annual CFR edition, revised as of October 1. This is the 2001 edition's wording. An amendment that took effect between Oct. 1, 2001 and Oct. 1, 2001 would not appear until the next edition, so check the citations below and the Federal Register for exact effective dates.
What changedOct. 1, 1996 wording → Oct. 1, 2001 wording+30 added−66 removedHide

EmployerAs contractsan with laboratories shall require that the laboratory maintain employee test records in confidenceemployer, asyou providedmust in DOT agency regulations. The contracts shall provide thatto collectors the laboratoryname shalland disclosetelephone informationnumber related to a positive drug test of anthe individualappropriate toDER the(and individualC/TPA, thewhere employer,applicable) orto thecontact decisionmakerabout inany aproblems lawsuit, grievance, or otherissues proceedingthat initiatedmay byarise orduring on behalf of the individualtesting and arising from a certified positive drug testprocess.

49 CFR § 40.35 — What information about the DER must employers provide to collectors?. Text in force on October 1, 2001. This wording effective October 1, 2001 to May 2, 2023. Source: govinfo, 2001 edition, https://www.govinfo.gov/app/details/CFR-2001-title49-vol1/CFR-2001-title49-vol1-sec40-35. Retrieved from FMCSR.com, https://fmcsr.com/reg/40.35?asof=2001-10-01, on October 26, 2026. Unofficial compilation; verify against the official source.

As an employer, you must provide to collectors the name and telephone number of the appropriate DER (and C/TPA, where applicable) to contact about any problems or issues that may arise during the testing process.

Amendment history

8 distinct wordings on file since Oct. 1, 1996
  1. Dec. 5, 2024 → presenteCFR, day-precisediff vs. previous
    [88 FR 27638, May 2, 2023, as amended at 89 FR 87798, Nov. 5, 2024]
  2. Nov. 5, 2024 → Dec. 5, 2024eCFR, day-precisediff vs. previous
    [88 FR 27638, May 2, 2023]
  3. Aug. 1, 2024 → Nov. 5, 2024eCFR, day-precisediff vs. previous
    [88 FR 27638, May 2, 2023]
  4. June 21, 2024 → Aug. 1, 2024eCFR, day-precisediff vs. previous
    [88 FR 27638, May 2, 2023]
  5. June 1, 2023 → June 21, 2024eCFR, day-precisediff vs. previous
    [88 FR 27638, May 2, 2023]
  6. May 2, 2023 → June 1, 2023eCFR, day-precisediff vs. previous
  7. Oct. 1, 2001 → May 2, 2023annual editions 2001–2016diff vs. previousviewing
  8. Oct. 1, 1996 → Oct. 1, 2001annual editions 1996–2000

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.