40.111—When and how must a laboratory disclose statistical summaries and other information it maintains?
(a)
As a laboratory, you must transmit an aggregate statistical summary, by employer, of the data listed in Appendix B to this part to the employer on a semi-annual basis.
(2)
In order to avoid sending data from which it is likely that information about an employee's test result can be readily inferred, you must not send a summary if the employer has fewer than five aggregate tests results.
(3)
The summary must be sent by January 20 of each year for July 1 through December 31 of the prior year.
(4)
The summary must also be sent by July 20 of each year for January 1 through June 30 of the current year.
(b)
When the employer requests a summary in response to an inspection, audit, or review by a DOT agency, you must provide it unless the employer had fewer than five aggregate test results. In that case, you must send the employer a report indicating that not enough testing was conducted to warrant a summary. You may transmit the summary or report by hard copy, fax, or other electronic means.
(d)
As a laboratory, you must transmit an aggregate statistical summary of the data listed in Appendix C to this part to DOT on a semi-annual basis. The summary must be sent by January 31 of each year for July 1 through December 31 of the prior year; it must be sent by July 31 of each year for January 1 through June 30 of the current year.
[65 FR 79526, Dec. 19, 2000, as amended at 73 FR 35971, June 25, 2008]