[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR382.403]

[Page 957-958]
 
                        TITLE 49--TRANSPORTATION
 
                      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 employer must use the Management Information System (MIS) 
form and instructions as required by 49 CFR part 40 (at Sec. 40.26 and 
appendix H to part 40). The employer may also use the electronic version 
of the MIS form provided by the DOT. The Administrator may designate 
means (e.g., electronic program transmitted via the Internet), other 
than hard-copy, for MIS form

[[Page 958]]

submission. For information on the electronic version of the form, see: 
http://www.fmcsa.dot.gov/safetyprogs/drugs/engtesting.htm.
    (c) 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.
    (d) If you have a covered employee who performs multi-DOT agency 
functions (e.g., an employee drives a commercial motor vehicle and 
performs pipeline maintenance duties for the same employer), count the 
employee only on the MIS report for the DOT agency under which he or she 
is randomly tested. Normally, this will be the DOT agency under which 
the employee performs more than 50% of his or her duties. Employers may 
have to explain the testing data for these employees in the event of a 
DOT agency inspection or audit.
    (e) A service agent (e.g., Consortia/Third party administrator as 
defined in 49 CFR 382.107) may prepare the MIS report on behalf of an 
employer. However, a company official (e.g., Designated employer 
representative) must certify the accuracy and completeness of the MIS 
report, no matter who prepares it.

[66 FR 43103, Aug. 17, 2001, as amended at 68 FR 75459, Dec. 31, 2003]