No Releases Required in DOT Drug Testing: Key Points for Employers and Employees

In the DOT-regulated drug testing process, open communication between Substance Abuse Professionals (SAPs), Medical Review Officers (MROs), and Designated Employer Representatives (DERs) is critical. One common misconception is that employees must provide a release for these parties to communicate. However, no releases are required within this service agent circle, as outlined in DOT regulations. This blog explains what employers and employees need to know about communication rules, the MRO’s role, and why claims like “I only used once” should raise red flags.

No Releases Required for Communication

DOT regulations are clear: SAPs, MROs, and DERs do not need a release from the employee to communicate. Open lines of communication are essential to ensure compliance and accuracy.

Access to the MRO:
If an MRO refuses to communicate with an SAP without a release, SAPs can contact the Office of Drug and Alcohol Policy and Compliance (ODAPC) for assistance. ODAPC frequently reminds MROs of their obligation to communicate.

HIPAA Exemptions:
The MRO verification process is not subject to HIPAA restrictions. MROs are allowed to:

1. Verify drug test results without the donor’s permission
2. Consult with prescribing physicians or pharmacists
3. Report test results or fitness-for-duty concerns to the employer
4. Speak with SAPs as part of the regulatory process

Key Point:
These rules ensure that the drug testing process remains thorough and transparent without unnecessary roadblocks.