---
kind: "section"
citation: "49 C.F.R. § 382.703"
title: "49"
number: "382.703"
heading: "Driver consent to permit access to information in the Clearinghouse."
url: "https://uscodex.org/cfr/49/382.703"
---

# §382.703. Driver consent to permit access to information in the Clearinghouse.

- (a) No employer may query the Clearinghouse to determine whether a record exists for any particular driver without first obtaining that driver's written or electronic consent. The employer conducting the search must retain the consent for 3 years from the date of the last query.
- (b) Before the employer may access information contained in the driver's Clearinghouse record, the driver must submit electronic consent through the Clearinghouse granting the employer access to the following specific records:
  - (1) A verified positive, adulterated, or substituted controlled substances test result;
  - (2) An alcohol confirmation test with a concentration of 0.04 or higher;
  - (3) A refusal to submit to a test in violation of [§ 382.211](/cfr/49/382.211.md);
  - (4) An employer's report of actual knowledge, as defined at [§ 382.107](/cfr/49/382.107.md), of:
    - (i) On duty alcohol use pursuant to [§ 382.205](/cfr/49/382.205.md);
    - (ii) Pre-duty alcohol use pursuant to [§ 382.207](/cfr/49/382.207.md);
    - (iii) Alcohol use following an accident pursuant to [§ 382.209](/cfr/49/382.209.md); and
    - (iv) Controlled substance use pursuant to [§ 382.213](/cfr/49/382.213.md);
  - (5) A SAP report of the successful completion of the return-to-duty process;
  - (6) A negative return-to-duty test; and
  - (7) **An employer's report of completion of follow-up testing.**
- (c) No employer may permit a driver to perform a safety-sensitive function if the driver refuses to grant the consent required by paragraph [(a)](#a) or [(b)](#b) of this section.
- (d) A driver granting consent under this section must provide consent electronically to the Agency through the Clearinghouse prior to release of information to an employer in accordance with § [382.701(a)(2)](/cfr/49/382.701.md?p=a-2) or [(b)(3)](/cfr/49/382.701.md?p=b-3).
- (e) A driver granting consent under this section grants consent for the Agency to release information to an employer in accordance with [§ 382.701(c)](/cfr/49/382.701.md?p=c).

## Notes

### Amendments

[81 FR 87725, Dec. 5, 2016, as amended at 86 FR 57069, Oct. 14, 2021]

### Source

Source: 81 FR 87725, Dec. 5, 2016, unless otherwise noted.

### Authority

Authority: 49 U.S.C. 31133, 31136, 31301 et seq. , 31502; sec. 32934 of Pub. L. 112-141, 126 Stat. 405, 830; and 49 CFR 1.87.

### Source

Source: 66 FR 43103, Aug. 17, 2001, unless otherwise noted.

### Amendments

[81 FR 87725, Dec. 5, 2016, as amended at 86 FR 57069, Oct. 14, 2021]