§40.327
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- Under §40.327(a), an MRO must report drug test results and medical information to third parties without the employee`s consent, under certain circumstances spelled out in the rule.
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- Under §40.327(b), a physician responsible for determining the medical qualifications of an employee under an applicable DOT agency safety regulation is a party to whom the MRO is instructed to provide this information.
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- Consequently, if an MRO knows the identity of such a physician – even if the physician performs this function for a different employer – the MRO would provide the information. The MRO is not required to affirmatively seek out such physicians, however.