S.C. Code Regs. 38-382.401 - Retention of records

Current through Register Vol. 45, No. 9, September 24, 2021

(a) General requirement. Each employer shall maintain records of its alcohol misuse and controlled substances use prevention programs as provided in 38-382. The records shall be maintained in a secure location with controlled access.
(b) Period of retention. Each employer shall maintain the records in accordance with the following schedule:
(1) Five years. The following records shall be maintained for a minimum of five years:
(i) Records of driver alcohol test results indicating an alcohol concentration of 0.02 or greater,
(ii) Records of driver verified positive controlled substances test results,
(iii) Documentation of refusals to take required alcohol and/or controlled substances tests,
(iv) Driver evaluation and referrals,
(v) Calibration documentation.
(vi) Records related to the administration of the alcohol and controlled substances testing programs, and
(vii) A copy of each annual calendar year summary required by 38-382.403.
(2) Two years. Records related to the alcohol and controlled substances collection process (except calibration of evidential breath testing devices).
(3) One year. Records of negative and canceled controlled substances test results (as defined in part 40) and alcohol test results with a concentration of less than 0.02 shall be maintained for a minimum of one year.
(4) Indefinite period. Records related to the education and training of breath alcohol technicians, screening test technicians, supervisors, and drivers shall be maintained by the employer while the individual performs the functions which require the training and for two years after ceasing to perform those functions.
(c) Types of records. The following specific types of records shall be maintained. "Documents generated" are documents that may have to be prepared under a requirement of 38-382. If the record is required to be prepared, it must be maintained.
(1) Records related to the collection process:
(i) Collection logbooks, if used;
(ii) Documents relating to the random selection process;
(iii) Calibration documentation for evidential breath testing devices;
(iv) Documentation of breath alcohol technician training;
(v) Documents generated in connection with decisions to administer reasonable suspicion alcohol or controlled substances tests;
(vi) Documents generated in connection with decisions on post- accident tests;
(vii) 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; and
(viii) A copy of each annual calendar year summary as required by Regulation 38-382.403.
(2) Records related to a driver's test results:
(i) The employer's copy of the alcohol test form, including the results of the test;
(ii) The employer's copy of the controlled substances test chain of custody and control form;
(iii) Documents sent by the MRO to the employer, including those required by part 40, subpart G;
(iv) Documents related to the refusal of any driver to submit to an alcohol or controlled substances test required by 38-382;
(v) Documents presented by a driver to dispute the result of an alcohol or controlled substances test administered under 38-382; and
(vi) Documents generated in connection with verifications of prior employers' alcohol or controlled substances test results that the employer
(A) Must obtain in connection with the exception contained in Regulation 38-382.301, and
(B) Must obtain as required by Regulation Regulation 38-382.413.
(3) Records related to other violations of 38-382.
(4) Records related to evaluations:
(i) Records pertaining to a determination by a substance abuse professional concerning a driver's need for assistance; and
(ii) Records concerning a driver's compliance with recommendations of the substance abuse professional.
(5) Records related to education and training:
(i) Materials on alcohol misuse and controlled substance use awareness, including a copy of the employer's policy on alcohol misuse and controlled substance use;
(ii) Documentation of compliance with the requirements of Regulation 38-382.601 including the driver's signed receipt of education materials;
(iii) Documentation of training provided to supervisors for the purpose of qualifying the supervisors to make a determination concerning the need for alcohol and/or controlled substances testing based on reasonable suspicion;
(iv) Documentation of training for breath alcohol technicians as required by Section 40.213(a) of the Federal Motor Carrier Safety Administration's procedures for transportation workplace drug and alcohol testing programs; and
(v) Certification that any training conducted under 38-382 complies with the requirements for such training.
(6) Administrative records related to alcohol and controlled substances testing:
(i) Agreements with collection site facilities, laboratories, breath alcohol technicians, screening test technicians, medical review officers, consortia, and third party service providers;
(ii) Names and positions of officials and their role in the employer's alcohol and controlled substances testing program);
(iii) Semi-annual laboratory statistical summaries of urinalysis required by Section 40.111(a) of the Federal Motor Carrier Safety Administration's procedures for transportation workplace drug and alcohol testing programs; and
(iv) The employer's alcohol and controlled substances testing policy and procedures.
(d) Location of records. All records required by 38-382 shall be maintained as required by Regulation Regulation 38-390.31 of this regulation and shall be made available for inspection at the employer's principal place of business within two business days after a request has been made by an authorized representative of the Federal Motor Carrier Safety Administration.
(e) OMB control number.
(1) The information collection requirements of 38-382 have been reviewed by the Office of Management and Budget pursuant to the Paperwork Reduction Act of 1995 ( 44 U.S.C. 3501 et seq.) and have been assigned OMB control number 2126-0012.
(2) The information collection requirements of 38-382 are found in the following Regulations: Regulations 38-382.105, 38-382.113, Regulation 38-382.301, 38-382.303, 38-382.305, 38-382.307, 38-382.401, Regulation 38-382.403, 38-382.405, 38-382.409, 38-382.411, Regulation 38-382.601, and 38-382.603.

Notes

S.C. Code Regs. 38-382.401
Added by State Register Volume 30, Issue No. 4, eff April 28, 2006.

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