When FMCSA conducts a new entrant safety audit, compliance review or investigation, the drug and alcohol program is one of the first areas examined. Missing records can lead to violations even when the testing actually happened. This guide summarizes the recordkeeping requirements in 49 CFR 382.401 and related Part 40 and Clearinghouse rules, and how to organize records so they are ready when requested.
How long to keep DOT drug and alcohol records
Keep for 5 years
- Alcohol test results of 0.02 or higher
- Verified positive drug test results
- Documentation of refusals to take required tests
- Substance Abuse Professional (SAP) evaluations and referrals
- Calibration documentation for evidential breath testing devices
- Records related to administering the alcohol and drug testing program, including records of all driver violations
- Copies of each annual calendar-year summary (MIS report)
Keep for 3 years
- Information obtained from previous employers about a driver's drug and alcohol testing history
- Records of Clearinghouse queries. For queries done in the Clearinghouse, FMCSA considers the employer's registration to meet this requirement.
- The driver's general written consent for limited Clearinghouse queries, kept for 3 years from the last query under that consent
Keep for 2 years
- Records related to the collection process, such as collection logbooks, documents from the random selection process, and documents about decisions to conduct reasonable-suspicion or post-accident tests
Keep for 1 year
- Negative and cancelled drug test results
- Alcohol test results below 0.02
Training records
- Records of driver education materials and supervisor reasonable-suspicion training, kept while the person performs the functions that require the training and for 2 years after they stop
Always check the current text of 49 CFR 382.401 for the complete list.
What an auditor typically asks for
- Your written drug and alcohol policy, and proof that each driver received it
- Your random testing program, including the consortium enrollment, the list of drivers in the pool, selection lists, and completed tests
- Pre-employment drug test results for each driver
- Clearinghouse pre-employment full queries and annual queries
- Post-accident test records, or documentation of why a required test was not completed
- Supervisor reasonable-suspicion training records
- Return-to-duty and follow-up testing records for any driver with a prior violation
Records must be available quickly
Under 49 CFR 382.401(d), records must be made available at the employer's principal place of business within 2 business days after an FMCSA request. Records kept by a C/TPA count, but you are responsible for getting them on time.
The MIS report
FMCSA may ask an employer to prepare and submit an annual calendar-year summary, often called the Management Information System (MIS) report. When requested in January, it is due by March 15. Even if you are not asked, your C/TPA or you should be able to produce the underlying data.
Common recordkeeping mistakes
- No record that each new driver received the drug and alcohol policy
- No proof of random selections, only test results
- Tests done late in the year to catch up on random rates
- Missing Clearinghouse annual queries for drivers who have been employed for years
- No documentation when a post-accident test was not performed within the time limit
- Keeping confidential test records in a driver's general personnel file instead of a secure, separate file
Keeping records confidential
DOT drug and alcohol records are confidential. Keep them secure and separate from general personnel files, and release them only as Part 40 allows, such as to the employee, with the employee's specific written consent, or to DOT officials.
Frequently Asked Questions
How long must I keep a negative DOT drug test result?
One year.
How long must I keep a positive DOT drug test result?
Five years, along with refusals, alcohol results of 0.02 or higher, and SAP evaluations and referrals.
Can my C/TPA keep my records for me?
Yes, a C/TPA can maintain records on your behalf, but you remain responsible for producing them within 2 business days of an FMCSA request.
Do I need to keep records of Clearinghouse queries?
Yes, for 3 years. For queries run in the Clearinghouse, FMCSA considers your registration to satisfy this requirement.
Organized records with Test Pro LLC
Test Pro LLC's DOT random consortium and DOT drug testing services include documentation for random selections and test results, available to employers through a secure portal. Related reading: 2026 FMCSA Random Drug Testing Rates and FMCSA Drug & Alcohol Testing: A Practical Guide for Motor Carriers. Contact Test Pro LLC or book an appointment.