Link to an amendment published at 81 FR 37942, June 10, 2016.

1. (a) General requirement. In addition to the records required to be kept by part 40 of this title, each railroad must maintain drug abuse prevention program records in a secure location with controlled access as set forth in this section.

2. (b) (1) Each railroad must maintain the following records for a minimum of five years:

   1. (i) A summary record of each covered employee's test results; and
   2. (ii) A copy of the annual report summarizing the results of its drug misuse prevention program (if required to submit under § 219.803(a)).
   3. (2) Each railroad must maintain the following records for a minimum of two years.

3. (c) Types of records. The following specific records must be maintained:

   1. (1) Records related to the collection process:

      1. (i) Documents relating to the random selection process.
      2. (ii) Documents generated in connection with decisions to administer reasonable suspicion drug tests.
      3. (iii) Documents generated in connection with decisions on post-accident testing.
      4. (iv) Documents verifying the existence of a medical explanation of the inability of a covered employee to provide a specimen.

   2. (2) Records related to test results:

      1. (i) The railroad's copy of the drug test custody and control form, including the results of the test.
      2. (ii) Documents presented by a covered employee to dispute the result of a drug test administered under this part.
   3. (3) Records related to other violations of this part.

   4. (4) Records related to employee training:

      1. (i) Materials on drug abuse awareness, including a copy of the railroad's policy on drug abuse.
      2. (ii) Documentation of compliance with the requirements of § 219.23.
      3. (iii) Documentation of training provided to supervisors for the purpose of qualifying the supervisors to make a determination concerning the need for alcohol testing based on reasonable suspicion.
      4. (iv) Certification that any training conducted under this part complies with the requirements for such training.