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Records Retention and Confidentiality

Overview

Federal regulations establish records management and confidentiality requirements that employers must observe. Units with employees who are subject to drug and alcohol testing requirements, and Human Resources are responsible for maintaining drug and alcohol testing records as described on this page.

Confidentiality and Records Maintenance

Federal regulations require that "The records shall be maintained in a secure location with controlled access".

CDL Records Retention Requirements
Collection Records
Record Type Where Record Maintained Retention Period
1 yr 2 yr 5 yr Indefinite
Negative and canceled controlled substance tests.
Alcohol tests with concentration less than .02
Employing Department X      
Collection logbooks, if used Employing Department   X    
Documents relating to random selection process Employing Department   X    
Documents generated relating to decisions to administer reasonable suspicion or post-accident tests Employing Department   X    
Documents verifying medical inability to provide adequate samples. Human Resources Employee Medical File   X    
Records Relating to Positive Drug and Alcohol Tests
Record Type Where Record Maintained Retention Period
1 yr 2 yr 5 yr Indefinite
Employer's copy of alcohol test form including results Employing Department     X  
Employer's copy of drug chain of custody form Employing Department     X  
Documents Medical Review Officer (MRO) sends to UW Human Resources Employee Medical File     X  
Documents employee presents to dispute results Human Resources Employee Medical File     X  
Substance Abuse Professional (SAP) evaluation and referral Human Resources Employee Medical File     X  
Previous employer background screen results if positive Human Resources Employee Medical File     X  
Previous employer background screen results if negative Employing Department     X  
Corrective Action Recommendations and Action Employing Department Personnel File and Human Resources Personnel File       X
Test Process Records
Record Type Where Record Maintained Retention Period
1 yr 2 yr 5 yr Indefinite
Records of refusal to take tests Employing Department     X  
Program administration records Employing Department       X
Education and Training Records
Record Type Where Record Maintained Retention Period
1 yr 2 yr 5 yr Indefinite
Alcohol misuse and controlled substance use awareness including UW policy Employing Department       X
Driver's signed receipt for education materials Employing Department       X
Documentation of supervisor training Employing Department       See *Note
*Note - these records must be retained during the entire period the driver or supervisor participates in the drug and alcohol testing program and for two years after the responsibility ends.