Oregon-Davis School Corporation
Administrative Guidelines
 

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

MAINTENANCE OF RECORDS

The Central Office 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;

   
 

7.

Documents verifying existence of a medical explanation of the inability of a CDL license holder to provide adequate breath or to provide a urine specimen for testing; and

   
 

8.

Consolidated annual calendar year summaries submitted to the FHWA.

     
 

B.

Records related to a CDL license holder's test results:

   
 

1.

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

   
 

2.

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

   
 

3.

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

   
 

4.

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

   
 

5.

Documents presented by a CDL license holder 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 CDL license holder's need for assistance; and

   
 

2.

Records concerning a CDL license holder'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 Corporation's policy on alcohol misuse and controlled substance use;

   
 

2.

Documentation of compliance with the requirements of employee notification, including the CDL license holder'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; and

   
 

4.

Certification that any training conducted complies with Federal requirements.

   
 

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 Corporation's alcohol and controlled substances testing program(s);

   
 

3.

Monthly laboratory statistical summaries of urinalysis;

   
 

4.

The Corporation'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 CDL license holder testing; (Two (2) years);

   
 

2.

Documentation of the compliance with the Quality Assurance Plan for each EBT used for alcohol testing; (Two (2) years);

   
 

3.

Records of the training and proficiency testing of each BAT used in CDL license holder testing; (Two (2) 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 Central Office 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 CDL license holder alcohol test results indicating an alcohol concentration of 0.02 or greater;

   
 

2.

Records of CDL license holder verified positive controlled substances test results;

   
 

3.

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

   
 

4.

Calibration documentation;

   
 

5.

CDL license holder evaluation and referrals;

   
 

6.

A copy of each annual calendar year summary submitted to the FHWA by March 15th;

     
 

B.

Two (2) Years

   
 

Records related to the 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.

LOCATION OF RECORDS

All records pertaining to employees shall be maintained as confidential records in accordance with Federal law and Corporation guidelines. All other records shall be maintained by the Central Office and shall be made available for inspection at the Corporation Office within two (2) business days after a request has been made by an authorized representative of the Federal Highway Administration.

REPORTING OF RESULTS IN A MANAGEMENT INFORMATION SYSTEM

TheCentral Office 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 15th of each year.

If the Corporation is notified, during the month of January, of a request by the Federal Highway Administration to report the Corporation's annual calendar year summary information, the Central Office shall prepare and submit the report to the Federal Highway Administration by March 15th of that year. The Central Office shall ensure that the annual summary report is accurate and received by March 15th at the location that the Federal Highway Administration specifies in its request. The report shall be in the form and manner prescribed by the Federal Highway Administration in its request. When the report is submitted to the Federal Highway Administration by mail or electronic transmission, the information requested shall be typed, except for the signature of the designated employee representative.

 

A.

If an annual calendar year summary contains information on a verified positive controlled substances test result, an alcohol screening test result of 0.02 or greater, or any other violation of alcohol misuse, the following information must be included:

   
 

1.

Number of CDL license holders;

   
 

2.

Number of urine specimens collected by type of test (e.g., pre-employment, random, reasonable suspicion, post-accident);

   
 

3.

Number of verified results by a MRO by type of test and type of controlled substance;

   
 

4.

Number of negative controlled substance tests verified by a MRO by type of test;

   
 

5.

Number of persons denied a position as a CDL license holder following a pre-employment verified positive controlled substances test and/or a pre-employment alcohol test that indicates an alcohol concentration of 0.04 or greater;

   
 

6.

Number of CDL license holders with tests verified positive by the MRO for multiple controlled substances;

   
 

7.

Number of CDL license holders who refused to submit to an alcohol or controlled substances test required under this subpart;

   
 

8.

Number of supervisors who have received required alcohol and controlled-substances training during the reporting period;

   
 

9.

Number of screening alcohol tests by type of test and number of confirmation alcohol tests by type of test;

   
 

10.

Number of confirmation alcohol tests indicating an alcohol concentration of 0.02 or greater but less than 0.04, by type of test;

   
 

11.

Number of confirmation alcohol tests indicating an alcohol concentration of 0.04 or greater, by type of test;

   
 

12.

Number of CDL license holders who were returned to duty, having complied with the recommendations of a substance abuse professional, previously had a verified positive controlled substance test result, or engaged in prohibited alcohol use;

     
 

13.

Number of CDL license holders who were administered alcohol and drug tests at the same time, with both a verified positive drug test result and an alcohol test result indicating an alcohol concentration of 0.04 or greater;

   
 

14.

Number of CDL license holders who were found to have violated any nontesting prohibitions and any action taken in response to the violation.

   
 

B.

If the Corporation's annual calendar year summary contains only negative controlled substance test results, alcohol screening test results of less than 0.02, and does not contain any other violations described in these guidelines, the Central Office may prepare and submit either all the information described above or an EZ report containing the following:

   
 

1.

Number of CDL license holders;

   
 

2.

Number of urine specimens collected by type of test (e.g., pre-employment, random, reasonable suspicion, post-accident);

   
 

3.

Number of negatives verified by a Medical Review Officer by type of test;

   
 

4.

Number of CDL license holders who refused to submit to an alcohol or controlled substances test required under this subpart;

   
 

5.

Number of supervisors who have received required alcohol and controlled substances training during the reporting period;

   
 

6.

Number of screen alcohol tests by type of test;

   
 

7.

Number of CDL license holders who were returned to duty, having complied with the recommendations of a substance abuse professional in this reporting period, previously had a verified positive controlled substance test result, or engaged in prohibited alcohol use under the provisions of this part.

Note

If the Corporation is involved in a consortium, the consortium may prepare the annual calendar year summaries and reports on behalf of individual Corporations. However, the designated employee representative 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 Corporation by the consortium.

© Neola 2011