§382.401 Retention of records

Question 1: Many small school districts are affiliated through service units which are, in essence, a coalition of individual districts. Can these school districts have one common confidant for purposes of receiving results and keeping records?

Guidance: Yes. Employers may use agents to maintain the records, as long as they are in a secure location with controlled access. The employer must also make all records available for inspection at the employer’s principal place of business within two business days after a request has been made by a Federal Motor Carrier Safety Administration (FMCSA) representative.

Question 2: Employer Requirements for Positives: Medical Review Officers (MROs) are required to maintain a signed or stamped and dated copy of Copy 2 of the control custody form (CCF) for positive drug test determinations. Are employers subject to the same requirement?

Guidance: MRO record retention requirements for drug test results are found at §40.163.

Pursuant to §382.401, employers must maintain certain drug and alcohol testing records for five (5) years, including positive drug test results. Employers may maintain these records electronically so long as they are able to produce the records for inspection pursuant to §390.31.