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Unformatted text preview: ht to obtain the results of the above DOT-required Drug and Alcohol tests
(including any refusals to be tested) from all of the companies for which I was employed
as a driver during the past two (2) years. I understand that my signing of this
authorization does not guarantee me a job or guarantee that I will be offered a position
with CF MotorFreight. This information is to be released to CF MotorFreight pursuant to
federal Department of Transportation regulations 49 CFR 392.413.
(emphasis added). Underneath Tracz's signature, a witness's signature and date, is a
section to the consent form entitled TO BE COMPLETED BY PAST EMPLOYER'S
REPRESENTATIVE. That portion of the authorization for release of drug test results
Please provide the following information about this applicant who
identified your company as a former employer:
1. Alcohol test results of 0.04% or greater; 89 2. Positive Controlled Substances test results;
3. Refusal to be tested for Controlled Substances or Alcohol:
4. Substance Abuse Professional (SAP) evaluations for any above identified instances.
--Has this individual completed the recommended action by the SAP?
--If yes, did this individual have Negative Return to Duty test results?
(emphasis added.) The date of the positive drug test is filled in where appropriate.
It is true that there is a provision in the authorization form that refers to D.O.T. required
drug and alcohol tests, but this portion of the form is, at best, confusing. The federal
regulations mandate that Wal-Mart release drug and alcohol test results to a subsequent
employer in compliance with the terms of the employee's consent. See 49 CFR § 40.331.
In this case, there is a strong argument that to comply with the federal regulations WalMart had to release exactly what it released.
REVERSED AND REMANDED for proceedings in accordance herewith.
SAWAYA and PLEUS, JJ., concur.
Fla.App. 5 Dist.,2001.
Wal-Mart Stores, Inc. v. Tracz
799 So.2d 413, 26 Fla. L. Weekly D2716
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- Spring '08