FMCSR Recordkeeping Requirements

The following table summarizes the recordkeeping requirements of the Federal Motor Carrier Safety Regulations under 49 CFR Parts 40, 382, 383, 387, and 390-399.

Drugs & Alcohol (Parts 40 and 382)

Retention Period Document(s) to be Retained
2years after the individual ceases to perform those functions

Records related to the education and training of:

  • breath alcohol technicians (BATs),
  • screening test technicians (STTs),
  • supervisors, and
  • drivers.

Required documentation includes:

  • Materials on drug and alcohol awareness, including a copy of company policy;
  • Documentation of compliance with requirement to provide drivers with educational material, including driver's signed receipt of materials;
  • Documentation of supervisor training;
  • Documentation of BAT training; and
  • Certification that training complies with the rules.
5years
  1. Alcohol test results* with concentration of 0.02 or more;
  2. Verified positive drug test results*;
  3. Documentation of refusals;
  4. Calibration documentation;
  5. Evaluation and referral records, including:
    • Records pertaining to SAP’s determination of a need for assistance, and
    • Records concerning a driver's compliance with SAP’s recommendations; and
  6. Records related to program administration, including:
    • Agreements with collection sites, labs, BATs, MROs, and consortia;
    • Names and positions of officials and their role in the employer's testing program;
    • Semiannual laboratory statistical summaries of urinalysis; and
    • Company testing policy and procedures; and
  7. Annual calendar year summary.

*“Test results” includes:

  • Copy of alcohol test form, with results;
  • Copy of drug test chain of custody form;
  • Documents sent to the employer by the MRO;
  • Documentation of any refusal to submit;
  • Documents provided by a driver to dispute results; and
  • Previous employer test results.
2years

Records related to the collection process (except EBT calibration records):

  • Collection logbooks (if used);
  • Documents related to the random selection process;
  • Documentation of BAT training;
  • Documentation of reasoning for reasonable suspicion testing;
  • Documentation of reasoning for post–accident testing;
  • Documents verifying a medical explanation for the inability to provide adequate breath or urine for testing; and
  • Consolidated annual calendar year summaries.
1years
  1. Negative and cancelled drug test results*, and
  2. Alcohol test results* with concentration less than 0.02.

*“Test results” includes:

  • Copy of alcohol test form, with results;
  • Copy of drug test chain of custody form;
  • Documents sent to the employer by the MRO;
  • Documentation of any refusal to submit;
  • Documents provided by a driver to dispute results; and
  • Previous employer test results
5years for any positive results, 1yearfor negative results
  • For employers using the exception to pre-employment testing in §382.301(b):
  • Names and addresses of the testing programs in which the prospective employee participated;
  • Verification that the driver participates or participated in the program(s);
  • Verification that the program(s) conforms to Part 40;
  • Verification that the driver is qualified under the rules of Part 40, including that the driver has not refused to be tested for controlled substances;
  • The date the driver was last tested for controlled substances; and
  • The results of any tests taken within the previous six months and any other violations of Subpart B.

Note: An employer who uses but does not employ a driver more than once per year to operate CMVs must obtain the above information at least once every six months.

Retention Location

In a secure location with controlled access.

Note: If combined with other files (personnel or driver qualification files, for example) then all the files must be secured.

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