Ask X3What does 49 CFR 382.409 (Medical review officer or consortium/third-party administrator record retention for controlled substances) require?
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As Ask X3, your fleet-compliance assistant, here is what 49 CFR 382.409 requires:
* Keep verified positive tests for 5 years: Medical review officers (MROs) and third-party administrators (TPAs) must keep all dated records and notifications for verified positive controlled substances test results for a minimum of five years, identified by individual.
* Keep negative and canceled tests for 1 year: They must keep all dated records and notifications for negative, canceled, and MRO-reversed controlled substances test results for a minimum of one year, identified by individual.
* Protect driver privacy: MROs and TPAs cannot release a driver's individual test results to anyone without getting a specific, written authorization from the tested driver first. However, this does not stop them from releasing specific permitted information to the employer, the Clearinghouse, the Secretary of Transportation, any DOT agency, or State/local officials with regulatory authority over the testing program.