N.Y. Comp. Codes R. & Regs. tit. 16 § 262.227

Current through Register Vol. 46, No. 41, October 9, 2024

Section 262.227 - Retention of records

(a) General requirement. Each operator shall maintain records of its alcohol misuse prevention program as provided in this section. The records shall be maintained in a secure location with controlled access and shall be in a form that is immediately accessible to the administrator or representatives of the department.

(b) Period of retention. Each operator shall maintain the records in accordance with the following schedule:

(1) Five years. Records of employee alcohol test results with results indicating an alcohol concentration of 0.02 or greater, documentation of refusals to take required alcohol tests, calibration documentation, employee evaluation and referrals, and MIS annual report data shall be maintained for a minimum of five years.

(2) Two years. Records related to the collection process (except calibration of evidential breath testing devices), and training shall be maintained for a minimum of two years.

(3) One year. Records of all test results below 0.02 (as defined in 49 CFR 40) shall be maintained for a minimum of one year.

(c) Types of records. The following specific records shall be maintained:

(1) Records related to the collection process:

(i) collection log books, if used;

(ii) calibration documentation for evidential breath testing devices;

(iii) documentation of breath alcohol technician training;

(iv) documents generated in connection with decisions to administer suspicion alcohol tests;

(v) documents generated in connection with decisions on post-accident tests; and

(vi) documents verifying existence of a medical explanation of the inability of a covered employee to provide adequate breath for testing;

(2) records related to test results:

(i) the operator's copy of the alcohol test form, including the results of the test;

(ii) documents related to the refusal of any covered employee to submit to an alcohol test required by this Part; and

(iii) documents presented by a employee to dispute the result of alcohol test administered under this Part;

(3) records related to other violations of this Part;

(4) records related to evaluations:

(i) records pertaining to a determination by a substance abuse professional concerning a covered employee's need for assistance; and

(ii) records concerning a covered employee's compliance with the recommendations of the substance abuse professional;

(5) record(s) related to the operator's MIS annual testing data;

(6) records related to education and training:

(i) materials on alcohol misuse awareness, including a copy of the operator's policy on alcohol misuse;

(ii) documentation of compliance with the requirements of section 262.231 of this Part.

(iii) documentation of training provided to supervisors for the purpose of qualifying the supervisors to make a determination concerning the need for alcohol testing based on reasonable suspicion; and

(iv) certification that any training conducted under this Part complies with the requirements for such training.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 262.227