Keith Meisinger

49 CFR Part 40 is confusing on the matter of written consent to check drug & alcohol testing records. 40.25 says: "If the employee refuses to provide this written consent, you must not permit the employee to perform safety-sensitive functions." 40.27 says: "as an employer, you must not require an employee to sign a consent, release, .........with respect to any part of the drug or alcohol testing process covered by this part (including, but not limited to, collections, laboratory testing, MRO and SAP services). [66 FR 41950, Aug. 9, 2001]" Both these regulations contradict one another in how they are worded. I'm sure one could argue that it is a matter of interpretation, but the fact remains that 40.27 clearly states you must not require an employee to sign a consent, release,... ------- while 40.25 clearly states - If the employee refuses to provide this written consent, you must not permit the employee to perform safety-sensitive functions."