N.Y. Comp. Codes R. & Regs. tit. 16 § 262.117

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

Section 262.117 - Recordkeeping

(a) Each operator shall keep the following records for the periods specified and permit access to the records as provided by subdivision (b) of this section:

(1) Records that demonstrate the collection process conforms to this Part must be kept for at least three years.

(2) Records of employee drug test results that indicate a verified positive result, records that demonstrate compliance with the recommendations of a substance abuse professional, and MIS annual report data shall be maintained for a minimum of five years.

(3) Records of employee drug test results that show employee passed a drug test must be kept for at least one year.

(4) Records confirming that supervisors and employees have been trained as required by this Part must be kept for at least three years.

(b) Information regarding an individual's drug testing results or rehabilitation must be released upon the written consent of the individual and as provided by DOT procedures. Statistical data related to drug testing and rehabilitation that is not name specific and training records must be made available to the administrator or the representative of the department upon request.

(c) The laboratory shall release information related to a positive drug test of an individual to the individual, the employer, or the decisionmaker in a lawsuit, grievance, or other proceeding initiated by or on behalf of the individual and arising from a certified positive drug test.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 262.117