(a) Prohibition on disclosure. Alcohol and drug test information shall be kept confidential except as required by law or in accordance with 49 CFR, Part 40.
(b) Records. All information relating to the substance abuse program will be maintained by the substance control officer in a locked file that is separate from that employee's standard personnel file. The information in this separate file will include mandatory referrals to the EAP, documentation of post-accident and reasonable cause determinations, and records of treatment, appeals, and litigation.
(c) Disciplinary action. An employee who willfully discloses confidential information relating to the substance abuse program, except in accordance with this subchapter, will be subject to disciplinary action, which may include termination from the department.

Source Note: The provisions of this §4.45 adopted to be effective November 21, 2002, 27 TexReg 10754