§219.901. Retention of alcohol and drug testing records.
49 C.F.R. § 219.901
General.
In addition to the records part 40 of this title requires keeping, a railroad must also maintain alcohol and drug misuse prevention program records in a secure location with controlled access under this section's requirements.
A railroad must maintain for two years, rather than one year, the records to which § 40.333(a)(4) of this title applies (i.e., records of negative and cancelled drug test results and alcohol test results with a concentration of less than 0.02). A railroad may maintain legible and accessible scanned or electronic copies of these records for the second year.
Records maintained for a minimum of five years. Each railroad must maintain the following records for a minimum of five years:
A summary record or the individual files of each regulated employee's test results; and
A copy of the annual report summarizing the results of its alcohol and drug misuse prevention program (if required to submit the report under § 219.800(a)).
Records maintained for a minimum of two years. Each railroad must maintain the following records for a minimum of two years:
Records related to the collection process—
Collection logbooks, if used;
Documents relating to the random selection process, including the railroad's approved random testing plan and FRA's approval letter for that plan;
Documents generated in connection with decisions to administer Federal reasonable suspicion or reasonable cause alcohol or drug tests;
Documents generated in connection with decisions on post-accident testing; and
Documents verifying the existence of a medical explanation for the inability of a regulated employee to provide an adequate specimen;
Records related to test results—
The railroad's copy of the alcohol test form, including the results of the test;
The railroad's copy of the drug test custody and control form, including the results of the test;
Documents related to any regulated employee's refusal to submit to an alcohol or drug test required under this part; and
Documents a regulated employee presented to dispute the result of an alcohol or drug test administered under this part;
Records related to other violations of this part; and
Records related to employee training—
Materials on alcohol and drug abuse awareness, including a copy of the railroad's policy on alcohol and drug abuse;
Documentation of compliance with the requirements of § 219.23; and
Documentation of training (including attendance records and training materials) the railroad provided to supervisors for the purpose of qualifying the supervisors to make a determination concerning the need for reasonable suspicion or post-accident alcohol and drug testing.
Notes, amendments, and revision history
Amendments
[81 FR 37942, June 10, 2016]
Authority
Authority: 49 U.S.C. 20103, 20107, 20140, 21301, 21304, 21311; 28 U.S.C. 2461 note; Div. A, Sec. 412, Pub. L. 110-432, 122 Stat. 4889 (49 U.S.C. 20140 note); Sec. 8102, Pub. L. 115-271, 132 Stat. 3894; and 49 CFR 1.89.
Source
Source: 66 FR 41973, Aug. 9, 2001, unless otherwise noted.
Amendments
[81 FR 37942, June 10, 2016]