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From: Richard L. Hon Jr. MD FACOEM
Password: orange
Date: 14 Aug 2009
Time: 18:13:28 -0700
Remote Name: 198.140.195.54
I am involved in a situation of trying to use an electronic record process with an established occupational medicine software vendor, a DOT drug testing facility, a trucking employer and the MRO. The trucking employer owns the software and therefore has control of the administrative/access rights process for the software. The laboratory can directly download the laboratory results from federal drug tests into the company’s software and the MRO can process and adjudicate the results and then complete a report to the employer within the software. The problem I see is that since the employer controls the access rights they could, conceivably, at some time grant themselves the right to see the raw data from the lab, resulting in a clear violation of the guidelines requiring the lab to report directly to the MRO and not through the employer (Subpart F). Do you know, or have guidance on whether a signed legal agreement between the lab, MRO and the employer in which the employer agreed to never give access of the raw data to themselves would be adequate for FMCSA guidelines? The software tracks access of all users to the various screens of data and also tracks changes to access rights.