Kent City Community Schools
Administrative Guidelines
 

4162B - HANDLING OF TEST RESULTS, RECORD RETENTION, AND CONFIDENTIALITY

MAINTENANCE OF RECORDS

The Transportation Supervisor shall maintain the following specific records for the time period indicated in the schedule that follows the listing.

 

A.

Records related to the collection process:

     
 

1.

Collection logbooks, if used;

   
 

2.

Documents relating to the random selection process;

   
 

3.

Calibration documentation for evidential breath testing devices;

   
 

4.

Documentation of breath alcohol technician training;

   
 

5.

Documents generated in connection with decision to administer reasonable suspicion alcohol or controlled substances test;

   
 

6.

Documents generated in connection with decisions on post-accident tests; and

   
 

7.

Documents verifying existence of a medical explanation of the inability of a driver to provide adequate breath or to provide a urine specimen for testing.

   
 

B.

Records related to a Driver's test results:

   
 

1.

The District's copy of the alcohol test including the results of the test;

   
 

2.

The District's copy of the controlled substances test chain of custody and control form;

     
 

3.

Documents sent by the Medical Review Officer (MRO) to the District;

   
 

4.

Documents related to the refusal of any CDL license driver to submit to an alcohol or controlled substances test required by this part; and

   
 

5.

Documents presented by a driver to dispute the result of an alcohol or controlled substances test administered under this part.

   
 

C.

Records related to alcohol and controlled substances violations.

   
 

D.

Records related to evaluations:

   
 

1.

Records pertaining to a determination by a substance abuse professional concerning a driver's need for assistance; and

   
 

2.

Records concerning a driver's compliance with recommendations of the substance abuse professional.

   
 

E.

Records related to education and training:

   
 

1.

Materials on alcohol misuse and controlled substance use awareness, including a copy of the District's policy on alcohol misuse and controlled substance use;

   
 

2.

Documentation of compliance with the requirements of employee notification, including the driver's signed receipt of education materials;

   
 

3.

Documentation of training provided to the supervisor for the purpose of qualifying the supervisor to make a determination concerning the need for alcohol and/or controlled substances testing based on reasonable suspicion;

   
 

4.

Certification that any training conducted complies with Federal requirements;

   
 

5.

Documentation of appropriate MRO training;

     
 

6.

Training for persons who directly supervise drivers; and

     
 

7.

Written notice to every Driver and Driver organization of the availability of the above materials.

   
 

F.

Records related to drug testing:

   
 

1.

Agreements with collection site facilities, laboratories, medical review officers, and consortia;

   
 

2.

Names and positions of officials and their role in the District's alcohol and controlled substances testing program(s);

   
 

3.

Monthly laboratory statistical summaries of urinalysis; and

   
 

4.

The District's drug testing policy and procedures.

   
 

G.

Records related to alcohol testing:

   
 

1.

Records of the inspection and maintenance of each Evidential Breath Tester used in driver testing (Two years);

   
 

2.

Documentation of the compliance with the Quality Assurance Plan for each EBT used for alcohol testing (Two years);

   
 

3.

Records of the training and proficiency testing of each Breath Alcohol Technician training (Two years);

   
 

4.

Records pertaining to the calibration of each EBT used in alcohol testing, including records of the results of external calibration checks (Five (5) years).

RETENTION OF RECORDS

The Transportation Supervisor shall maintain records of all alcohol misuse and controlled-substances use prevention programs. The records shall be maintained in a secure location with controlled access and in accordance with the following schedule:

 

A.

Five (5) Years

   
 

1.

Records of driver alcohol test results indicating an alcohol concentration of 0.02 or greater;

   
 

2.

Records of driver verified positive controlled substances test results;

   
 

3.

Documentation of refusals to take required alcohol and/or controlled substances tests;

   
 

4.

Documentation related to a medical inability to provide an adequate breath sample;

   
 

5.

Documentation presented by a Driver to dispute the result of an alcohol test;

   
 

6.

Calibration documentation; and

   
 

7.

Driver evaluation and referrals.

   
 

B.

Two (2) Years

   
 

Records related to the random selection process, documents generated in connection with decisions to administer reasonable suspicion alcohol tests or decisions on post-accident tests, documents showing existence of medical explanation of inability of drivers to provide enough breath for test, alcohol and controlled substances collection process (except calibration of breath testing devices) and training.

   
 

C.

One (1) Year

   
 

Records of negative and canceled controlled substances test results and alcohol test results with a concentration of less than 0.02.

   
 

D.

As Long as Individuals are Performing the Tasks and for Two (2) Years After They Cease Performing

   
 

Education and training records.

LOCATION OF RECORDS

All records pertaining to employees shall be maintained as confidential records in accordance with Federal law and District guidelines. All other records shall be maintained by the Transportation Supervisor and shall be made available for inspection at Transportation office within two (2) business days after a request has been made by an authorized representative of the Federal Motor Carrier Safety Administration (FMCSA).

REPORTING OF RESULTS IN A MANAGEMENT INFORMATION SYSTEM

The Transportation Supervisor shall prepare and maintain an annual calendar year summary of the results of its alcohol and controlled substances testing programs. This summary must be completed by March 15 of each year.

If the District is notified, during the month of January, of a request by the FMCSA to report the District's annual calendar year summary information, the Transportation Supervisor shall prepare and submit the report to the FMCSA by March 15 of that year. The Transportation Supervisor 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 report shall be in the form and manner prescribed by the FMCSA in its request. 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 Transportation Supervisor.

Note

If the District is involved in a consortium, the consortium may prepare the annual calendar year summaries and reports on behalf of individual Districts. However, the Transportation Supervisor must sign and submit such a report and shall remain responsible for ensuring the accuracy and timeliness of each report prepared on behalf of the District by the consortium.

© Neola 2013