How Long Must Motor Carriers Keep Drug and Alcohol Testing Records?

FMCSA rule 49 CFR 382.401 sets minimum retention periods of five years, two years or one year, depending on the type of record. The rule states that records must be kept in a secure location with controlled access.

Five years applies to alcohol results of 0.02 or greater, verified positive drug results, refusals, driver evaluations and referrals, calibration documentation, program administration records and annual summaries. Two years applies to records of the collection process. One year applies to negative and canceled drug test results and alcohol results below 0.02.

Training records for breath alcohol technicians, screening test technicians, supervisors and drivers are kept while the person performs the duties and for two years after. The rule also states that records must be available at the employer's principal place of business within two business days of an FMCSA request. Separately, 49 CFR 382.701 requires Clearinghouse query records to be kept for 3 years. Since January 6, 2023, an employer that keeps a valid Clearinghouse registration meets this recordkeeping requirement.

Learn Laws® offers FMCSA Designated Employer Representative Training for the staff who manage these duties. Employers that use a C/TPA for administrative tasks under the 49 CFR 40.3 definition can find C/TPAs in the MyDrugTesting.com directory.