A motor carrier employer that discloses information in good faith about a present or former employee in response to a request pursuant to Code of Federal Regulations, title 49, section 382.413, is immune from civil liability, except in cases of knowing disclosure of false information or negligence, for the disclosure and the consequences proximately caused by the disclosure, provided that:
(1) the employer has and observes a written testing policy and procedure which complies with federal and state laws;
(2) the employer uses a certified laboratory and lawful test procedures;
(3) the employer sends the information to the prospective employer who has requested the information, on a request and authorization form signed by the employee; and
(4) the employer sends only information on the employee for whom the information was requested, that:
(i) shows whether or not, during the preceding two years, the employee tested 0.04 or greater alcohol concentration, tested positive on a verified test for the presence of controlled substances, or refused to be tested for alcohol or controlled substances;
(ii) states the dates of any tests listed in item (i); and
(iii) includes any and all information on confirmatory tests requested by the employee.
History: 1997 c 230 s 19
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