US Federal Motor Carrier Safety Regulations (49 CFR Parts 350 to 399) 382.401-413: Records retention and access, management information system reporting, employee notification and referral, and release of information (382.401 to 382.413)

What does 382.401-413 require?

The employer must keep the testing records in a secure location with controlled access for the periods in 382.401: five years for positive results, refusals, SAP reports, follow-up plans and annual calendar year summaries; two years for collection process administration and training records; one year for negative and cancelled results; and must retain driver alcohol test results of 0.02 to 0.039 for two years. The employer must prepare an annual calendar year summary when requested by FMCSA (382.403), must notify drivers of controlled substances test results on request, must give each driver who tests positive or refuses the SAP referral information (382.605), and may release information only as 382.405 permits, including to a subsequent employer with the driver's written consent and to the Clearinghouse.