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Safety & Compliance Resources

J. J. Keller protects people and the businesses they run. You can trust our expertise across a wide range of subjects relating to labor, transportation, environmental, and worker safety. Our deep knowledge of federal and state agencies is built on a strong foundation of more than 100 editors and consultants and 70+ years of regulatory compliance experience.

Company & Careers

J. J. Keller protects people and the businesses they run. You can trust our expertise across a wide range of subjects relating to labor, transportation, environmental, and worker safety. Our deep knowledge of federal and state agencies is built on a strong foundation of more than 100 editors and consultants and 70+ years of regulatory compliance experience.

Drug & Alcohol Recordkeeping Requirements

Employers are expected to maintain records of their alcohol and drug programs based on the recordkeeping requirements of the Federal Motor Carrier Safety Regulations (FMCSR) under 49 CFR Parts 40, 382, 383, 387, and 390-399. The records must be kept in a secure location with controlled access. The records may be included in personnel records that have controlled and secure access only by authorized personnel.

Drugs and Alcohol Parts 40 and 382

Retention PeriodDocument(s) to be Retained

2 years


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.

5 years

  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 substance abuse professional’s (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 site facilities, labs, BATs, medical review officers (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.

3 years

Queries of the CDL Drug and Alcohol Clearinghouse Driver’s consent for limited queries (3 years from date of the query it was used for)

2 years

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.

1 year

  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

5 years


for positive results

1 year


for 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.

Location of Records

The FMCSA requires all documents to be maintained in accordance with §390.31, which sets forth requirements for copies and long–term storage of documents. §390.31 allows that records, except those requiring a signature, may be maintained through the use of computer technology, as long as access to drug/alcohol records is controlled. The motor carrier must be able to produce a computer printout of the required data on demand.

The FMCSA will allow the records to be maintained anywhere, but the employer must make them available at the employer's principal place of business within two days of an FMCSA request.

Annual Summary Requirements

Under 49 CFR §382.403, a motor carrier must prepare an annual summary of alcohol and drug test results only if the carrier is notified by FMCSA to submit summary information on forms provided by the agency, or upon the demand of a federal, state, or local official with proper authority as part of an inspection, investigation, or special study.