Q: So what are the exact rules about documents you need to maintain for your drug program?
A: Within the regulations CFR 49 Part 382, it clarifies that: MIS REPORTS: Subpart D – Handling of test results, records retention, and confidentiality, §382.403 Reporting of results in a management information system.
(a) An employer shall prepare and maintain a summary of the results of its alcohol and controlled substances testing programs performed under this part during the previous calendar year, when requested by the Secretary of Transportation, any DOT agency, or any state or local officials with regulatory authority over the employer or any of its drivers.
(b) If an employer is notified, during the month of January, of a request by the Federal Motor Carrier Safety Administration to report the employer’s annual calendar year summary information, the employer shall prepare and submit the report to the FMCSA by March 15 of that year. The employer shall ensure that the annual summary report is accurate and received by March 15 at the location that the FMCSA specifies in its request. The employer must use the Management Information System (MIS) form and instructions as required by 49 CFR part 40 (at § 40.26 and appendix H to part 40). The employer may also use the electronic version of the MIS form provided by the DOT. The Administrator may designate means (e.g., electronic program transmitted via the Internet), other than hard-copy, for MIS form submission.
For information on the electronic version of the form, see: www.fmcsa.dot.gov/safetyprogs/drugs/engtesting.htm
(c) When the report is submitted to the FMCSA by mail or electronic transmission, the information requested shall be typed, except for the signature of the certifying official. Each employer shall ensure the accuracy and timeliness of each report submitted by the employer or a consortium.
(d) If you have a covered employee who performs multi-DOT agency functions (e.g., an employee drives a commercial motor vehicle and performs pipeline maintenance duties for the same employer), count the employee only on the MIS report for the DOT agency under which he or she is randomly tested. Normally, this will be the DOT agency under which the employee performs more than 50%of his or her duties. Employers may have to explain the testing data for these employees in the event of a DOT agency inspection or audit.
(e) A service agent (e.g., Consortium/Third party administrator as defined in 49 CFR 382.107) may prepare the MIS report on behalf of an employer. However, a company official (e.g., designated employer representative) must certify the accuracy and completeness of the MIS report, no matter who prepares it.
We provide our clients with all that they need to be compliant when it comes to your drug and alcohol testing program requirements. Virtually all the information you need is available in your AADT binder or on our website.
We would also like to point-out that our AADT online access and services portal allows you to manage your account, pay invoices, view random selection and testing history and much more all on-line, just take a moment to set up your online access. Visit: www.aadrugtesting.com
If you need help with registration, please call us.