49 CFR §219.901

1. (a)General.
   1. (1)In addition to the records part 40 of this title requires keeping, a railroad must also maintain alcohol and drug misuse prevention program records in a secure location with controlled access under this section's requirements.
   2. (2)A railroad must maintain for two years, rather than one year, the records to which § 40.333(a)(4) of this title applies (i.e., records of negative and cancelled drug test results and alcohol test results with a concentration of less than 0.02). A railroad may maintain legible and accessible scanned or electronic copies of these records for the second year.
2. (b)Records maintained for a minimum of five years. Each railroad must maintain the following records for a minimum of five years:
   1. (1)A summary record or the individual files of each regulated employee's test results; and
   2. (2)A copy of the annual report summarizing the results of its alcohol and drug misuse prevention program (if required to submit the report under § 219.800(a)).
3. (c)Records maintained for a minimum of two years. Each railroad must maintain the following records for a minimum of two years:
   1. (1)Records related to the collection process:
      1. (i)Collection logbooks, if used;
      2. (ii)Documents relating to the random selection process, including the railroad's approved random testing plan and FRA's approval letter for that plan;
      3. (iii)Documents generated in connection with decisions to administer Federal reasonable suspicion or reasonable cause alcohol or drug tests;
      4. (iv)Documents generated in connection with decisions on post-accident testing; and
      5. (v)Documents verifying the existence of a medical explanation for the inability of a regulated employee to provide an adequate specimen;
   2. (2)Records related to test results:
      1. (i)The railroad's copy of the alcohol test form, including the results of the test;
      2. (ii)The railroad's copy of the drug test custody and control form, including the results of the test;
      3. (iii)Documents related to any regulated employee's refusal to submit to an alcohol or drug test required under this part; and
      4. (iv)Documents a regulated employee presented to dispute the result of an alcohol or drug test administered under this part;
   3. (3)Records related to other violations of this part; and
   4. (4)Records related to employee training:
      1. (i)Materials on alcohol and drug abuse awareness, including a copy of the railroad's policy on alcohol and drug abuse;
      2. (ii)Documentation of compliance with the requirements of § 219.23; and
      3. (iii)Documentation of training (including attendance records and training materials) the railroad provided to supervisors for the purpose of qualifying the supervisors to make a determination concerning the need for reasonable suspicion or post-accident alcohol and drug testing.