La. Admin. Code tit. 43 § XIII-6527
Current through Register Vol. 50, No. 9, September 20, 2024
Section XIII-6527 - Retention of Records [49 CFR 199.227]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. [ 49 CFR 199.227(a)]B. Period of Retention . Each operator shall maintain the records in accordance with the following schedule. [ 49 CFR 199.227(b)] 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. [ 49 CFR 199.227(b)(1)]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. [ 49 CFR 199.227(b)(2)]3. One Year . Records of all test results below 0.02 (as defined in 49 CFR Part 40) shall be maintained for a minimum of one year. [ 49 CFR 199.227(b)(3)]4. Three years. Records of decisions not to administer post- accident employee alcohol tests must be kept for a minimum of three years. [ 49 CFR 199.227(b)(4) ]C. Types of Records . The following specific records shall be maintained: [ 49 CFR 199.227(c)] 1. records related to the collection process: [ 49 CFR 199.227(c)(1)] a. collection log books, if used; [ 49 CFR 199.227(c)(1)(i)]b. calibration documentation for evidential breath testing devices; [ 49 CFR 199.227(c)(1)(ii) ]c. documentation of breath alcohol technician training; [ 49 CFR 199.227(c)(1)(iii) ]d. documents generated in connection with decisions to administer reasonable suspicion alcohol tests; [ 49 CFR 199.227(c)(1)(iv) ]e. documents generated in connection with decisions on post-accident tests; [ 49 CFR 199.227(c)(1)(v)]f. documents verifying existence of a medical explanation of the inability of a covered employee to provide adequate breath for testing; [ 49 CFR 199.227(c)(1)(vi) ]2. records related to test results: [ 49 CFR 199.227(c)(2)] a. the operator's copy of the alcohol test form, including the results of the test; [ 49 CFR 199.227(c)(2)(i)]b. documents related to the refusal of any covered employee to submit to an alcohol test required by this Chapter; [ 49 CFR 199.227(c)(2)(ii) ]c. documents presented by a covered employee to dispute the result of an alcohol test administered under this Chapter; [ 49 CFR 199.227(c)(2)(iii) ]3. records related to other violations of this chapter; [ 49 CFR 199.227(c)(3)]4. records related to evaluations: [ 49 CFR 199.227(c)(4)] a. records pertaining to a determination by a substance abuse professional concerning a covered employee's need for assistance; [ 49 CFR 199.227(c)(4)(i)]b. records concerning a covered employee's compliance with the recommendations of the substance abuse professional; [ 49 CFR 199.227(c)(4)(ii) ]5. records related to the operator's MIS annual testing data; [ 49 CFR 199.227(c)(5)]6. records related to education and training: [ 49 CFR 199.227(c)(6)] a. materials on alcohol misuse awareness, including a copy of the operator's policy on alcohol misuse; [ 49 CFR 199.227(c)(6)(i)]b. documentation of compliance with the requirements of §3335; [ 49 CFR 199.227(c)(6)(ii) ]c. 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; [ 49 CFR 199.227(c)(6)(iii) ]d. certification that any training conducted under this Chapter complies with the requirements for such training. [ 49 CFR 199.227(c)(6)(iv) ]La. Admin. Code tit. 43, § XIII-6527
Promulgated by the Department of Natural Resources, Office of Conservation, Pipeline Division, LR 21:832 (August 1995), amended LR 30:1299 (June 2004), Amended 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.