104 STAT. 4656 PUBLIC LAW 101-641—NOV. 28, 1990 portion under seal to preclude the use of such recordii^ or portion for purposes other than for such proceeding,". TOXICOLOGICAL TESTING OF TRANSPORTATION DEPARTMENT EMPLOYEES 49 USC app. SEC. 5. (a) When the Department of Transportation, including any 1657-1. of its agencies, conducts post-accident or post-incident toxicological testing of an employee of the Department, specimen collection shall be accomplished as soon as practicable after the accident or incident, and the Department shall endeavor when feasible to complete such collection within four hours after the accident or incident. Reports. (b) The head of each agency within the Department of Transportation shall send to the Office of the Secretary of Transportation a report on the circumstances concerning the amount of time required to complete specimen collection related to a toxicol(^cal test which is conducted on an employee within that agency who is reasonably associated with the circumstances of an accident or incident within the investigative jurisdiction of the National Transportation Safety Board. (c) Any failure to comply with the requirements of this section may not be asserted, by the subject of such testing, as a claim, cause of action, or defense in any administrative or judicial proceeding. BOARD ACCESS TO TOXICOLOGICAL TESTING RECORDS SEC. 6. Section 304(b) of the Independent Safety Board Act of 1974 (49 App. U.S.C. 1903(b)), is amended by redesignating paragraph (11) as paragraph (12) and by inserting immediately after paragraph (10) the following new paragraph: "(IIXA) Notwithstanding section 503(e) of the Act entitled 'An Act making supplemental appropriations for the fiscal year ending September 30, 1987, and for other purposes', approved July 11, 1987 (5 U.S.C. 7301 note), the Board is authorized to obtain from the Secretary of Transportation, by written request, and shall be furnished— "(i) any report of a confirmed positive toxicological test, verified as positive by a medical review officer, which is conducted on an employee of the Department of Transportation, including any of its agencies, pursuant to post-accident, unsafe practice, or reasonable suspicion toxicological testing requirements of the Department, when that employee is reasonably associated with the circumstances of an accident or incident within the investigative jurisdiction of the Board; and "(ii) any laboratory record providing documentation that such test is confirmed positive. "(B) Except as provided in subparagraph (C), the Board shall maintain in confidence and exempt from public disclosure in accordance with section 552(b)(3) of title 5, United States Code— "(i) any laboratory record, made available under subparagraph (A), of a confirmed and verified toxicological test which reveals medical use of a drug permitted under applicable regulations; and "(ii) any medical information provided by the tested employee in connection with such test or in connection with a review of such test.
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