How long must drug and alcohol records be retained?
It depends on the record. Under 49 CFR 382.401, FMCSA-regulated employers must keep:
| Period | Records |
|---|---|
| 5 years | Alcohol results of 0.02 or greater, verified positive drug results, refusals, SAP evaluations and referrals, EBT calibration records, records of driver violations and program administration, and each annual MIS summary. |
| 3 years | Clearinghouse queries and the information received (49 CFR 382.701(e)); a valid Clearinghouse registration meets this requirement. |
| 2 years | Records of the collection process (except EBT calibration). |
| 1 year | Negative and canceled drug results, and alcohol results below 0.02. |
| While performing the job, plus 2 years | Training records for BATs, STTs, supervisors, and drivers. |
Other DOT agencies have similar rules in their own regulations.