1995-12-03 - Laserfiche WebLink

Home Browse Search

§382.307-§382.401 in the absence of an alcoho;-west. This does not (2) Two years. hz:cords related to the alcohol and prohibit an employer with independent authority of controlled substances collection process(except Cali- ; this part from taking any action otherwise consistent bration of evidential breath testing devices)and train- with law. ing shall be maintained for a minimum of two years. (fl A written record shall be made of the observa- (3) One year. Records of negative and canceled tions leading to a controlled substance reasonable controlled substances test results(as defined in part suspicion test, and signed by the supervisor or com- 40 of this title)and alcohol test results with a concen- pany official who made the observations, within 24 tration of less than 0.02 shall be maintained for a hours of the observed behavior or before the results of minimum of one year. the controlled substances test are released, which- (c)Types of records. The following specific records ever is earlier. shall be maintained. §382.309 Return to duty testing. (1)Records related to the collection process: (a)Each employer shall ensure that before a driver (i)Collection logbooks,if used; s returns to duty requiring the performance of a safety- (ii) Documents relating to the random selection i sensitive function after engaging in conduct prohib- process; ited by subpart B of this part concerning alcohol,the (iii) Calibration documentation for evidential driver shall undergo a return-to-duty alcohol test breath testing devices; with a result indicating an alcohol concentration of (iv) Documentation of breath alcohol technician less than 0.02. training; (b)Each employer shall ensure that before a driver (v)Documents generated in connection with deci- returns to duty requiring the performance of a safety- sions to administer reasonable suspicion alcohol or t sensitive function after engaging in conduct prohib- controlled substances tests; ited by subpart B of this part concerning controlled (vi)Documents generated in connection with deci- substances,the driver shall undergo a return-to-duty sions on post-accident tests; controlled substances test with a result indicating a (vii) Documents verifying existence of a medical verified negative result for controlled substances use. explanation of the inability of a driver to provide §382.311 Follow-up testing. adequate breath or to provide a urine specimen for (a) Following a determination under §382.605(b) testing; and that a driver is in need of assistance in resolving (viii) Consolidated annual calendar year summa- problems associated with alcohol misuse and/or con- ries as required by§382.403. trolled substances, each employer shall ensure that (2)Records related to a driver's test results: the driveris subject to unannounced follow-up alcohol (i) The employer's copy of the alcohol test form, and/or controlled substances testing as directed by a including the results of the test; substance abuse professional in accordance with the (ii) The employer's copy of the controlled sub- provisions of§382.605(c)(2)(ii). stances test chain of custody and control form; (b) Follow-up alcohol testing shall be conducted (iii)Documents sent by the medical review officer only when the driver is performing safety-sensitive to the employer, including those required by functions,just before the driver is to perform safety- §382.407(a). sensitive functions,or just after the driver has ceased (iv)Documents related to the refusal of any driver performing safety-sensitive functions. to submit to an alcohol or controlled substances test required by this part; and SUBPART D—HANDLING OF TEST (v)Documents presented by a driver to dispute the RESULTS,RECORD RETENTION AND result of an alcohol or controlled substances test CONFIDENTIALITY administered under this part. (3)Records related to other violations of this part. §382.401 Retention of records. (4)Records related to evaluations: (a) General Requirement. Each employer shall (i) Records pertaining to a determination by a maintain records of its alcohol misuse and controlled substance abuse professional concerning a driver's 1 substances use prevention programs as provided in need for assistance; and this section. The records shall be maintained in a (ii)Records concerning a driver's compliance with secure location with controlled access. recommendations of the substance abuse professional. (b)Period of Retention. Each employer shall main- (5)Records related to education and training: tain the records in accordance with the following (i) Materials on alcohol misuse and controlled schedule: substance use awareness, including a copy of the (1) Five years. The following records shall be employer's policy on alcohol misuse and controlled maintained for a minimum of five years: substance use; (i) Records of driver alcohol test results with re- (ii)Documentation of compliance with the require- sults indicating an alcohol concentration of 0.02 or ments of§382.601; including the driver's signed re- greater, ceipt of education materials; (ii) Records of driver verified positive controlled (iii)Documentation of training provided to super- substances test results, visors for the purpose of qualifying the supervisors to (iii) Documentation of refusals to take required make a determination concerning the need for alcohol alcohol and/or controlled substances tests, and/or controlled substances testing based on reason- (iv) Calibration documentation, able suspicion;and (v)Driver evaluation and referrals shall be main- (iv)Certification that any training conducted un- tained for a minimum of five years, and der this part complies with the requirements for such (vi)A copy of each annual calendar year summary training. required pursuant to§382.403. `i,`+ 15