---
kind: "section"
citation: "49 C.F.R. § 219.901"
title: "49"
number: "219.901"
heading: "Retention of alcohol and drug testing records."
url: "https://uscodex.org/cfr/49/219.901"
---

# §219.901. Retention of alcohol and drug testing records.

- (a) **General.**
  - (1) In addition to the records [part 40 of this title](/cfr/49/part40.md) 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.
  - (2) A railroad must maintain for two years, rather than one year, the records to which [§ 40.333(a)(4)](/cfr/49/40.333.md?p=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.
- (b) **Records maintained for a minimum of five years.** Each railroad must maintain the following records for a minimum of five years:
  - (1) A summary record or the individual files of each regulated employee's test results; and
  - (2) 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)](/cfr/49/219.800.md?p=a)).
- (c) **Records maintained for a minimum of two years.** Each railroad must maintain the following records for a minimum of two years:
  - (1) **Records related to the collection process—**
    - (i) Collection logbooks, if used;
    - (ii) Documents relating to the random selection process, including the railroad's approved random testing plan and FRA's approval letter for that plan;
    - (iii) Documents generated in connection with decisions to administer Federal reasonable suspicion or reasonable cause alcohol or drug tests;
    - (iv) Documents generated in connection with decisions on post-accident testing; and
    - (v) Documents verifying the existence of a medical explanation for the inability of a regulated employee to provide an adequate specimen;
  - (2) **Records related to test results—**
    - (i) The railroad's copy of the alcohol test form, including the results of the test;
    - (ii) The railroad's copy of the drug test custody and control form, including the results of the test;
    - (iii) Documents related to any regulated employee's refusal to submit to an alcohol or drug test required under this part; and
    - (iv) Documents a regulated employee presented to dispute the result of an alcohol or drug test administered under this part;
  - (3) Records related to other violations of this part; and
  - (4) **Records related to employee training—**
    - (i) Materials on alcohol and drug abuse awareness, including a copy of the railroad's policy on alcohol and drug abuse;
    - (ii) Documentation of compliance with the requirements of [§ 219.23](/cfr/49/219.23.md); and
    - (iii) 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

[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]