Ask X3What does 49 CFR 40.333 (What records must employers keep?) require?
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As a motor-carrier owner, 49 CFR 40.333 requires you to keep specific drug and alcohol testing records for designated retention periods, store them in a location with controlled access, and ensure they are produced when requested.
Here are the practical requirements based on the regulation:
1. Retention Periods by Record Type:
* Keep for 5 years:
* Alcohol test results showing a concentration of 0.02 or higher.
* Verified positive drug test results.
* Documentation of test refusals (including substituted or adulterated results).
* Substance Abuse Professional (SAP) reports.
* All follow-up tests and their schedules.
* Keep for 3 years:
* Information obtained from previous employers regarding employees' drug and alcohol test results under § 40.25.
* Keep for 2 years:
* Records of the inspection, maintenance, and calibration of Alcohol Screening Devices/EBTs.
* Keep for 1 year:
* Negative and cancelled drug test results, as well as alcohol test results under 0.02.
* *Note:* You do not need to keep records for program requirements that do not apply to you.
2. Storage and Access:
* You must keep all required records in a location with controlled access.
* You can have a service agent maintain the records for you, but you are ultimately responsible for ensuring they can be produced at your principal place of business when required by the DOT. Specifically, as a motor carrier, if an FMCSA inspector requests your records, you must be able to provide them within two business days.
* If you store records electronically, they must be easily accessible, legible, organized, and formatted properly. If they do not meet these standards, you must convert them to printed documentation quickly and in a readily auditable manner upon DOT request.