[Code of Federal Regulations]
[Title 49, Volume 3]
[Revised as of October1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR199.117]

[Page 187-188]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                       TRANSPORTATION (CONTINUED)
 
PART 199--DRUG AND ALCOHOL TESTING--Table of Contents
 
                         Subpart B--Drug Testing
 
Sec. 199.117  Recordkeeping.

    (a) Each operator shall keep the following records for the periods 
specified and permit access to the records as provided by paragraph (b) 
of this section:
    (1) Records that demonstrate the collection process conforms to this 
part must be kept for at least 3 years.
    (2) Records of employee drug test results that show employees who 
had a positive test, and the type of test (e.g., post-accident), and 
records that demonstrate rehabilitation, if any, must be kept for at 
least 5 years, and include the following information:
    (i) The function performed by each employee who had a positive drug 
test result.
    (ii) The prohibited drug(s) that were used by an employee who had a 
positive drug test.
    (iii) The disposition of each employee who had a positive drug test 
or refused a drug test (e.g., termination, rehabilitation, removed from 
covered function, other).
    (3) Records of employee drug test results that show employees passed 
a drug test must be kept for at least 1 year.
    (4) A record of the number of employees tested, by type of test 
(e.g., post-accident), must be kept for at least 5 years.
    (5) Records confirming that supervisors and employees have been 
trained as required by this part must be kept for at least 3 years.
    (b) Information regarding an individual's drug testing results or 
rehabilitation must be released upon the written

[[Page 188]]

consent of the individual and as provided by DOT Procedures. Statistical 
data related to drug testing and rehabilitation that is not name-
specific and training records must be made available to the 
Administrator or the representative of a state agency upon request.

[53 FR 47096, Nov. 21, 1988, as amended at 58 FR 68260, Dec. 23, 1993. 
Redesignated and amended by Amdt. 199-19, 66 FR 47119, Sept. 11, 2001]