The trucking company has to maintain records for five years if the blood alcohol content is .02 or greater. They also have to keep records for five years relating to any test showing the use of the illegal drugs. The trucking company has a further obligation to keep records for just one year if the blood of alcohol content shows a blood alcohol content of .02 or less or there’s actually a negative drug test.
Trucking companies have to keep records relating to random drug screens as well as any documents or information relating to reasonable suspicion the truck driver has in fact either used illegal drugs or has been under the influence of alcohol while performing a safety-sensitive function for the company. Of course, any records of the truck driver having undergone a substance abuse counseling course or having entered into any type of rehabilitation program must be kept that by the company as well.
Of course, records have to be kept by the trucking company if the driver refuses to submit to a request for a drug or alcohol test. They have to also keep any records relating to any of the driver’s rehabilitation and any other suspicions that the company has that the truck driver has actually used either drugs or alcohol while performing a safety-sensitive function.
The trucking company actually has to maintain a record of its substance abuse testing results which sometimes has to even be produced to the secretary of transportation.
If you have questions about whether the company properly retained records in your case relating to the use or abuse of alcohol or drugs by the trucker, call me at 770-792-1000.