655.71—Retention of records.
(a) General requirement.
An employer shall maintain records of its anti-drug and alcohol misuse program as provided in this section. The records shall be maintained in a secure location with controlled access.
(b) Period of retention.
In determining compliance with the retention period requirement, each record shall be maintained for the specified minimum period of time as measured from the date of the creation of the record. Each employer shall maintain the records in accordance with the following schedule:
(1) Five years.
Records of covered employee verified positive drug or alcohol test results, documentation of refusals to take required drug or alcohol tests, and covered employee referrals to the substance abuse professional, and copies of annual MIS reports submitted to FTA.
(iii)
Documents generated in connection with decisions to administer reasonable suspicion drug or alcohol tests.
(v)
MRO documents verifying existence of a medical explanation of the inability of a covered employee to provide an adequate urine or breathe sample.
(ii)
Documents related to the refusal of any covered employee to submit to a test required by this part.
(iii)
Documents presented by a covered employee to dispute the result of a test administered under this part.
(3)
Records related to referral and return to duty and follow-up testing: Records concerning a covered employee's entry into and completion of the treatment program recommended by the substance abuse professional.
(i)
Training materials on drug use awareness and alcohol misuse, including a copy of the employer's policy on prohibited drug use and alcohol misuse.
(ii)
Names of covered employees attending training on prohibited drug use and alcohol misuse and the dates and times of such training.
(iii)
Documentation of training provided to supervisors for the purpose of qualifying the supervisors to make a determination concerning the need for drug and alcohol testing based on reasonable suspicion.
(iv)
Certification that any training conducted under this part complies with the requirements for such training.