§ 382.401 Retention of records. ( a ) *General requirement.* Each employer shall maintain records of its alcohol misuse and controlled substances use prevention programs as provided in this section. The records shall be maintained in a secure location with controlled access.
( b ) *Period of retention.* Each employer shall maintain the records in accordance with the following schedule: ( 1 ) *Five years.* The following records shall be maintained for a minimum of five years: ( i ) Records of driver alcohol test results indicating an alcohol concentration of 0.02 or greater,
( ii ) Records of driver verified positive controlled substances test results,
( iii ) Documentation of refusals to take required alcohol and/or controlled substances tests,
( iv ) Driver evaluation and referrals,
( v ) Calibration documentation,
( vi ) Records related to the administration of the alcohol and controlled substances testing program, including records of all driver violations, and
( vii ) A copy of each annual calendar year summary required by § 382.403.
( 2 ) *Two years.* Records related to the alcohol and controlled substances collection process (except calibration of evidential breath testing devices) shall be maintained for a minimum of 2 years.
( 3 ) *One year.* Records of negative and canceled controlled substances test results and MRO reversal of canceled controlled substances test results (as defined in part 40 of this title) and alcohol test results with a concentration of less than 0.02 shall be maintained for a minimum of one year.
( 4 ) *Indefinite period.* Records related to the education and training of breath alcohol technicians, screening test technicians, supervisors, and drivers shall be maintained by the employer while the individual performs the functions which require the training and for two years after ceasing to perform those functions.
( c ) *Types of records.* The following specific types of records shall be maintained. “Documents generated” are documents that may have to be prepared under a requirement of this part. If the record is required to be prepared, it must be maintained. ( 1 ) Records related to the collection process: ( i ) Collection logbooks, if used;
( ii ) Documents relating to the random selection process;
( iii ) Calibration documentation for evidential breath testing devices;
( iv ) Documentation of breath alcohol technician training;
( v ) Documents generated in connection with decisions to administer reasonable suspicion alcohol or controlled substances tests;
( vi ) Documents generated in connection with decisions on post-accident tests;
( vii ) Documents verifying existence of a medical explanation of the inability of a driver to provide adequate breath or to provide a urine or oral fluid specimen for testing; and
( viii ) A copy of each annual calendar year summary as required by § 382.403.
( 2 ) Records related to a driver's test results: ( i ) The employer's copy of the alcohol test form, including the results of the test;
( ii ) The employer's copy of the controlled substances test chain of custody and control form;
( iii ) Documents sent by the MRO to the employer, including those required by part 40, subpart G, of this title;
( iv ) Documents related to the refusal of any driver to submit to an alcohol or controlled substances test required by this part;
( v ) Documents presented by a driver to dispute the result of an alcohol or controlled substances test administered under this part; and
( vi ) Documents generated in connection with verifications of prior employers' alcohol or controlled substances test results that the employer: ( A ) Must obtain in connection with the exception contained in § 382.301, and
( B ) Must obtain as required by § 382.413.
( 3 ) Records related to other violations of this part.
( 4 ) Records related to evaluations: ( i ) Records pertaining to a determination by a substance abuse professional concerning a driver's need for assistance; and
( ii ) Records concerning a driver's compliance with recommendations of the substance abuse professional.
( 5 ) Records related to education and training: ( i ) Materials on alcohol misuse and controlled substance use awareness, including a copy of the employer's policy on alcohol misuse and controlled substance use;
( ii ) Documentation of compliance with the requirements of § 382.601, including the driver's signed receipt of education materials;
( iii ) Documentation of training provided to supervisors for the purpose of qualifying the supervisors to make a determination concerning the need for alcohol and/or controlled substances testing based on reasonable suspicion;
( iv ) Documentation of training for breath alcohol technicians as required by § 40.213(g) of this title; and
( v ) Certification that any training conducted under this part complies with the requirements for such training.
( 6 ) Administrative records related to alcohol and controlled substances testing: ( i ) Agreements with collection site facilities, laboratories, breath alcohol technicians, screening test technicians, medical review officers, consortia, and third-party service providers;
( ii ) Names and positions of officials and their role in the employer's alcohol and controlled substances testing program(s);
( iii ) Semi-annual laboratory statistical summaries of urinalysis required by § 40.111(a) of this title; and
( iv ) The employer's alcohol and controlled substances testing policy and procedures.
( d ) *Location of records.* All records required by this part shall be maintained as required by § 390.29 of this subchapter and shall be made available for inspection at the employer's principal place of business within two business days after a request has been made by an authorized representative of the Federal Motor Carrier Safety Administration.
( e ) *OMB control number.* ( 1 ) The information collection requirements of this part have been reviewed by the Office of Management and Budget pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.*) and have been assigned OMB control number 2126-0012.
( 2 ) The information collection requirements of this part are found in the following sections: Sections 382.105, 382.113, 382.301, 382.303, 382.305, 382.307, 382.401, 382.403, 382.405, 382.409, 382.411, 382.601, 382.603.
[66 FR 43103, Aug. 17, 2001, as amended at 67 FR 61821, Oct. 2, 2002; 68 FR 75459, Dec. 31, 2003; 78 FR 58479, Sept. 24, 2013; 81 FR 87725, Dec. 5, 2016; 88 FR 27653, May 2, 2023; 88 FR 80180, Nov. 17, 2023]