Ask X3What does 49 CFR 382.401 (Retention of records) require?
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As Ask X3, your fleet-compliance assistant, here is what 49 CFR 382.401 requires for your motor-carrier business:
* General Requirement: You must maintain records of your alcohol misuse and controlled substances use prevention programs in a secure location with controlled access.
* Record Retention Schedule: You must keep specific records for different timeframes:
* Five Years: Keep records of alcohol test results of 0.02 or higher, verified positive controlled substances test results, test refusals, driver evaluations and referrals, calibration documentation, program administration records (including violations), and annual calendar year summaries.
* Two Years: Keep records related to the collection process (except for evidential breath testing device calibration).
* One Year: Keep negative and canceled controlled substances test results, MRO reversals of canceled controlled substances test results, and alcohol test results under 0.02.
* Indefinite Period: Keep education and training records for breath alcohol technicians, screening test technicians, supervisors, and drivers while they perform those functions, and for two years after they stop performing them.
* Types of Records: You must maintain specific types of generated documents, including collection-process records, test-result records, violation records, evaluation records, education and training records, and administrative testing records.
* Location and Inspection: You must keep all required records as specified in § 390.29 and make them available for inspection at your principal place of business within two business days of a request by an authorized representative of the Federal Motor Carrier Safety Administration.