---
kind: "section"
citation: "49 C.F.R. § 40.109"
title: "49"
number: "40.109"
heading: "What documentation must the laboratory keep, and for how long?"
url: "https://uscodex.org/cfr/49/40.109"
---

# §40.109. What documentation must the laboratory keep, and for how long?

- (a) As a laboratory, you must retain all records pertaining to each employee urine specimen for a minimum of two years.
- (b) As a laboratory, you must also keep for two years employer-specific data required in [§ 40.111](/cfr/49/40.111.md).
- (c) Within the two-year period, the MRO, the employee, the employer, or a DOT agency may request in writing that you retain the records for an additional period of time (e.g., for the purpose of preserving evidence for litigation or a safety investigation). If you receive such a request, you must comply with it. If you do not receive such a request, you may discard the records at the end of the two-year period.

## Notes

### Authority

Authority: 49 U.S.C. 102, 301, 322, 5331, 20140, 31306, and 54101 et seq.

### Source

Source: 65 FR 79526, Dec. 19, 2000, unless otherwise noted.