[Code of Federal Regulations] [Title 49, Volume 4] [Revised as of October 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 49CFR382.403] [Page 907-908] TITLE 49--TRANSPORTATION CHAPTER III--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 382--CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING--Table of Contents Subpart D--Handling of Test Results, Records Retention, and Confidentiality Sec. 382.403 Reporting of results in a management information system. (a) An employer shall prepare and maintain a summary of the results of its alcohol and controlled substances testing programs performed under this part during the previous calendar year, when requested by the Secretary of Transportation, any DOT agency, or any State or local officials with regulatory authority over the employer or any of its drivers. (b) If an employer is notified, during the month of January, of a request by the Federal Motor Carrier Safety Administration to report the employer's annual calendar year summary information, the employer shall prepare and submit the report to the FMCSA by March 15 of that year. The employer shall ensure that the annual summary report is accurate and received by March 15 at the location that the FMCSA specifies in its request. The report shall be in the form and manner prescribed by the FMCSA in its request. When the report is submitted to the FMCSA by mail or electronic transmission, the information requested shall be typed, except for the signature of the certifying official. Each employer shall ensure the accuracy and timeliness of each report submitted by the employer or a consortium. (c) Detailed summary. Each annual calendar year summary that contains information on a verified positive controlled substances test result, an alcohol screening test result of 0.02 or greater, or any other violation of the alcohol misuse provisions of subpart B of this part shall include the following informational elements: (1) Number of drivers subject to this part; (2) Number of drivers subject to testing under the alcohol misuse or controlled substances use rules of more than one DOT agency, identified by each agency; (3) Number of urine specimens collected by type of test (e.g., pre- employment, random, reasonable suspicion, post-accident); (4) Number of positives verified by a MRO by type of test, and type of controlled substance; (5) Number of negative controlled substance tests verified by a MRO by type of test; (6) Number of persons denied a position as a driver following a pre- employment verified positive controlled substances test and/or a pre- employment alcohol test that indicates an alcohol concentration of 0.04 or greater; (7) Number of drivers with tests verified positive by a medical review officer for multiple controlled substances; (8) Number of drivers who refused to submit to an alcohol or controlled substances test required under this subpart, including those who submitted substituted or adulterated specimens; (9)(i) Number of supervisors who have received required alcohol training during the reporting period; and (ii) Number of supervisors who have received required controlled substances training during the reporting period; (10)(i) Number of screening alcohol tests by type of test; and (ii) Number of confirmation alcohol tests, by type of test; (11) Number of confirmation alcohol tests indicating an alcohol concentration of 0.02 or greater but less than 0.04, by type of test; (12) Number of confirmation alcohol tests indicating an alcohol concentration of 0.04 or greater, by type of test; (13) Number of drivers who were returned to duty (having complied with the recommendations of a substance abuse professional as described in Sec. 382.503 and part 40, subpart O of this title), in this reporting period, who previously: (i) Had a verified positive controlled substance test result, or (ii) Engaged in prohibited alcohol misuse under the provisions of this part; (14) Number of drivers who were administered alcohol and drug tests at the same time, with both a verified positive drug test result and an alcohol test result indicating an alcohol concentration of 0.04 or greater; and [[Page 908]] (15) Number of drivers who were found to have violated any non- testing prohibitions of subpart B of this part, and any action taken in response to the violation. (d) Short summary. Each employer's annual calendar year summary that contains only negative controlled substance test results, alcohol screening test results of less than 0.02, and does not contain any other violations of subpart B of this part, may prepare and submit, as required by paragraph (b) of this section, either a standard report form containing all the information elements specified in paragraph (c) of this section, or an ``EZ'' report form. The ``EZ'' report shall include the following information elements: (1) Number of drivers subject to this part; (2) Number of drivers subject to testing under the alcohol misuse or controlled substance use rules of more than one DOT agency, identified by each agency; (3) Number of urine specimens collected by type of test (e.g., pre- employment, random, reasonable suspicion, post-accident); (4) Number of negatives verified by a medical review officer by type of test; (5) Number of drivers who refused to submit to an alcohol or controlled substances test required under this subpart, including those who submitted substituted or adulterated specimens; (6)(i) Number of supervisors who have received required alcohol training during the reporting period; and (ii) Number of supervisors who have received required controlled substances training during the reporting period; (7) Number of screen alcohol tests by type of test; and (8) Number of drivers who were returned to duty (having complied with the recommendations of a substance abuse professional as described in Sec. 382.503 and part 40, subpart O, of this title), in this reporting period, who previously: (i) Had a verified positive controlled substance test result, or (ii) Engaged in prohibited alcohol misuse under the provisions of this part. (e) Each employer that is subject to more than one DOT agency alcohol or controlled substances rule shall identify each driver covered by the regulations of more than one DOT agency. The identification will be by the total number of covered functions. Prior to conducting any alcohol or controlled substances test on a driver subject to the rules of more than one DOT agency, the employer shall determine which DOT agency rule or rules authorizes or requires the test. The test result information shall be directed to the appropriate DOT agency or agencies. (f) A C/TPA may prepare annual calendar year summaries and reports on behalf of individual employers for purposes of compliance with this section. However, each employer shall sign and submit such a report and shall remain responsible for ensuring the accuracy and timeliness of each report prepared on its behalf by a C/TPA.