La. Admin. Code tit. 43 § XIII-6317

Current through Register Vol. 50, No. 9, September 20, 2024

Section XIII-6317 - Recordkeeping [49 CFR 199.117]

A. Each operator shall keep the following records for the periods specified and permit access to the records as provided by Subsection B of this Section. [ 49 CFR 199.117(a)]

1. Records that demonstrate the collection process conforms to this Chapter must be kept for at least three years. [ 49 CFR 199.117(a)(1)]

2. Records of employee drug test 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: [ 49 CFR 199.117(a)(2)]

a. the function performed by each employee who had a positive drug test; [ 49 CFR 199.117(a)(2)(i)]

b. the prohibited drugs which were used by an employee who had a positive drug test; [ 49 CFR 199.117(a)(2)(ii) ]

c. the disposition of each employee who had a positive drug test or refused a drug test (e.g., termination, rehabilitation, removed from covered function, other). [ 49 CFR 199.117(a)(2)(iii) ]

3. Records of employee drug test results that show employees passed a drug test must be kept for at least one year. [ 49 CFR 199.117(a)(3)]

4. Records confirming that supervisors and employees have been trained as required by this Chapter must be kept for at least three years. [ 49 CFR 199.117(a)(4)]

5. Records of decisions not to administer post-accident employee drug tests must be kept for at least 3 years [ 49 CFR 199.117(a)(5) ]

B. Information regarding an individual's drug testing results or rehabilitation must be released upon 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 a state agency upon request. [ 49 CFR 199.117(b)]

La. Admin. Code tit. 43, § XIII-6317

Promulgated by the Department of Natural Resources, Office of Conservation, LR 16:136 (February 1990), repromulgated LR 16:535 (June 1990), amended LR 21:827 (August 1995), LR 30:1296 (June 2004), Promulgated by the Department of Natural Resources, Office of Conservation, Pipeline Division, LR 33:488 (March 2007), LR 35:2813 (December 2009), LR 441046 (6/1/2018).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:751-757, redesignated as R.S. 30:701-707 and R.S. 30:501 et seq.