[Code of Federal Regulations]

[Title 49, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR219.903]



[Page 240-241]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 219_CONTROL OF ALCOHOL AND DRUG USE--Table of Contents

 

                  Subpart J_Recordkeeping Requirements

 

Sec. 219.903  Retention of drug testing records.



    (a) General requirement. In addition to the records required to be 

kept by part 40 of this title, each railroad must maintain drug abuse 

prevention program records in a secure location with controlled access 

as set forth in this section.

    (b) (1) Each railroad must maintain the following records for a 

minimum of five years:

    (i) A summary record of each covered employee's test results; and

    (ii) A copy of the annual report summarizing the results of its drug 

misuse prevention program (if required to submit under Sec. 

219.803(a)).

    (2) Each railroad must maintain the following records for a minimum 

of two years.

    (c) Types of records. The following specific records must be 

maintained:

    (1) Records related to the collection process:

    (i) Documents relating to the random selection process.

    (ii) Documents generated in connection with decisions to administer 

reasonable suspicion drug tests.

    (iii) Documents generated in connection with decisions on post-

accident testing.

    (iv) Documents verifying the existence of a medical explanation of 

the inability of a covered employee to provide a specimen.

    (2) Records related to test results:

    (i) The railroad's copy of the drug test custody and control form, 

including the results of the test.

    (ii) Documents presented by a covered employee to dispute the result 

of a drug test administered under this part.



[[Page 241]]



    (3) Records related to other violations of this part.

    (4) Records related to employee training:

    (i) Materials on drug abuse awareness, including a copy of the 

railroad's policy on drug abuse.

    (ii) Documentation of compliance with the requirements of Sec. 

219.23.

    (iii) Documentation of training provided to supervisors for the 

purpose of qualifying the supervisors to make a determination concerning 

the need for alcohol testing based on reasonable suspicion.

    (iv) Certification that any training conducted under this part 

complies with the requirements for such training.