The substance control officer will be responsible for retaining all confidential records relating to the substance abuse program which include training, testing, administrative and disciplinary actions, documentation of post-accident and reasonable cause determinations, consent forms, treatment, appeals, and litigation. All documentation which contains information related to an employee's positive test result, such as documentation of administrative and disciplinary actions, should be maintained in a locked file separate and apart from that employee's standard personnel file. All records of individuals who pass a test will be retained for at least one year. All records of individuals who do not pass a test will be retained for at least five years.

Source Note:The provisions of this §4.40 adopted to be effective October 27, 1995, 20 TexReg 8461; amended to be effective December 13, 1998, 23 TexReg 12452.