[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

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

[CITE: 49CFR382.403]



[Page 173-174]

 

                        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 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



[[Page 174]]



of the MIS report, no matter who prepares it.



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