South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 5 - STATE TRANSPORT POLICE REGULATIONS › Subarticle 1 - UNMANUFACTURED FOREST PRODUCTS TRUCKING REGULATIONS › Part 38-382 - CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING › Subpart D - HANDLING OF TEST RESULTS, RECORD RETENTION, AND CONFIDENTIALITY › Section 38-382.403 - Reporting of results in a management information system

Current through Register Vol. 48, No. 6, June 28, 2024
(a) An employer shall prepare and maintain a
					 summary of the results of its alcohol and controlled substances testing
					 programs performed under 38-382 during the previous calendar year, when
					 requested by the Secretary of Transportation, any DOT agency, or any State or
					 local officials with regulatory authority over the employer or any of its
					 drivers.
(b) If an employer is
					 notified, during the month of January, of a request by the Federal Motor
					 Carrier Safety Administration to report the employer's annual calendar year
					 summary information, the employer shall prepare and submit the report to the
					 FMCSA by March 15 of that year. The employer shall ensure that the annual
					 summary report is accurate and received by March 15 at the location that the
					 FMCSA specifies in its request. The employer must use the Management
					 Information System (MIS) form and instructions as required by 49 CFR part 40
					 (at Section 40.26 and appendix H to part 40 of the Federal Motor Carrier Safety
					 Administration's procedures for transportation workplace drug and alcohol
					 testing programs). The employer may also use the electronic version of the MIS
					 form provided by the DOT. The Administrator may designate means (e.g..
					 electronic program transmitted via the Internet), other than hard-copy, for MIS
					 form submission. For information on the electronic version of the form, see:
					 http://www..fmcsa.dot.gov/safetyprogs/drugs/engtesting.htm.
(c) When the report is submitted to the FMCSA
					 by mail or electronic transmission, the information requested shall be typed,
					 except for the signature of the certifying official. Each employer shall ensure
					 the accuracy and timeliness of each report submitted by the employer or a
					 consortium.
(d) If you have a
					 covered employee who performs multi-DOT agency functions (e.g., an employee
					 drives a commercial motor vehicle and performs pipeline maintenance duties for
					 the same employer), count the employee only on the MIS report for the DOT
					 agency under which he or she is randomly tested. Normally, this will be the DOT
					 agency under which the employee performs more than 50% of his or her duties.
					 Employers may have to explain the testing data for these employees in the event
					 of a DOT agency inspection or audit.
(e) A service agent (e.g., Consortia/Third
					 party administrator as defined in
					 49
					 CFR 382.107 ) may prepare the MIS report on
					 behalf of an employer. However, a company official [e.g., Designated employer
					 representative] must certify the accuracy and completeness of the MIS report,
					 no matter who prepares it.