Drug & Alcohol Record Retention: A Cheat Sheet

Drug and alcohol testing generates a lot of paperwork. Or digital files, if you're doing it right. And different records have different retention periods. Throw out too early and you're non-compliant during an audit. Keep everything forever and you're drowning in files.

Here's the breakdown under §382.401.

5-Year Retention

• Positive drug test results (verified by MRO)
• Alcohol test results of 0.02 BAC or greater
• Refusals to test
• SAP evaluations and follow-up testing records
• Annual compliance summaries (if you prepare them)

3-Year Retention

• Previous employer drug and alcohol inquiries (§40.25 records)
• Clearinghouse query records

2-Year Retention

• Random selection lists and documentation
• Reasonable suspicion determination documentation
• Post-accident decision documentation (why you did or didn't test)
• Calibration documentation for Evidential Breath Testing devices

1-Year Retention

• Negative drug test results (verified by MRO)
• Alcohol test results below 0.02 BAC
• Canceled test results

Indefinite Retention

• Written drug & alcohol policy
• Driver acknowledgment forms (keep as long as the driver is employed, at minimum)
• Supervisor reasonable suspicion training certificates

Storage Tips

Keep drug/alcohol records separate from general personnel files. Access should be limited to the DER and individuals with a legitimate need to know. These records contain sensitive medical information.

Digital storage is fine — and recommended. Backed-up, encrypted, access-controlled digital files beat a locked filing cabinet in every practical way. Just make sure you can produce records quickly if an auditor requests them.