Drug and Alcohol Testing Requirements for DOT-Regulated Employers
Quick Answer
No. FMCSA requires pre-employment drug testing only. There is no federal requirement for pre-employment alcohol testing under 49 CFR Part 40 or Part 382. Some carriers choose to conduct pre-employment alcohol testing under company policy, but it is not a DOT requirement. Do not confuse pre-employment drug testing (required) with pre-employment alcohol testing (not required).
If you employ CDL drivers who operate commercial motor vehicles, you are required to maintain a drug and alcohol testing program that complies with 49 CFR Part 40 (testing procedures) and Part 382 (FMCSA-specific requirements). This guide covers every testing type, the substances tested, how random pools work, Clearinghouse integration, what happens after a positive test, and the records you must keep. Getting any piece wrong can cost $16,550 per violation, and a single positive test that is not handled correctly can shut down a driver and expose your carrier to enforcement action.
6
Required test types
50% / 10%
Annual random rates (drug / alcohol)
$16,550
Max fine per violation
5 years
Positive result retention
In This Guide
Who Must Comply
DOT drug and alcohol testing requirements apply to every employer who employs drivers required to hold a commercial driver's license (CDL) and who perform safety-sensitive functions. This includes:
Employers Who Must Have a Program
- Motor carriers (for-hire and private)
- Owner-operators with their own authority
- Companies leasing CDL drivers
- Staffing agencies providing CMV drivers
- Any entity responsible for drivers who operate CMVs requiring a CDL
Drivers Who Must Be Tested
- Every driver who operates a CMV requiring a CDL
- Company drivers (full-time and part-time)
- Leased owner-operators under your authority
- Temporary/seasonal CDL drivers
- Any driver performing safety-sensitive functions under your DOT number
Regulatory Framework
Two sets of regulations govern DOT drug and alcohol testing. 49 CFR Part 40 establishes the procedures: how specimens are collected, how tests are conducted, the role of the MRO, and the SAP process. 49 CFR Part 382 adds FMCSA-specific requirements: which test types are required, when they must occur, random testing rates, and Clearinghouse reporting. Both must be followed together. Part 40 is the "how," and Part 382 is the "when and who."
The 6 Required Test Types
FMCSA requires six categories of drug and alcohol testing. Each has specific triggering conditions, timing requirements, and consequences. Missing any required test is a violation.
Pre-Employment Testing
49 CFR 382.301
Every driver must receive a verified negative drug test result before performing safety-sensitive functions for the first time. This test must be completed before the driver operates a CMV under your authority.
Key rules:
- Drug test only. Pre-employment alcohol testing is not required by DOT/FMCSA
- Must have the verified negative result (not just the collection) before the driver can operate
- If the driver was not in a random pool for 30+ days, a new pre-employment test is required before returning to duty
- Applies to every new hire, every driver transferring from a non-safety-sensitive role, and every driver returning after a gap
Cannot be fixed retroactively: If you dispatch a driver without completing the pre-employment drug test, you cannot go back and fix it later. This is a permanent compliance gap that will be found in an audit. There is no exception.
Random Testing
49 CFR 382.305
Every CDL driver must be included in a random testing pool. Selections are made using a scientifically valid random method, and the driver must report for testing immediately upon notification.
Current federal FMCSA annual random testing rates:
50%
Drug testing rate
of average pool size per year
10%
Alcohol testing rate
of average pool size per year
Important: These are federal FMCSA rates, not state-level requirements. They represent the minimum percentage of your average pool size that must be tested each calendar year. Selections must be spread reasonably throughout the year. A driver can be selected more than once in the same year.
Reasonable Suspicion Testing
49 CFR 382.307
Required when a trained supervisor observes specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of a driver that indicate drug use or alcohol misuse.
Requirements for a valid reasonable suspicion determination:
- Observations must be made by a supervisor who has completed required training (at least 60 minutes on drug indicators, at least 60 minutes on alcohol indicators)
- Observations must be specific and articulable, not just a "gut feeling"
- The supervisor must document their observations in writing within 24 hours
- For alcohol: testing must occur within 2 hours of the observation if possible, and must not occur after 8 hours
- The driver must be removed from safety-sensitive functions immediately, regardless of whether testing is available
Critical: If a supervisor has not completed the required training, their observations cannot be used to order a reasonable suspicion test under DOT regulations. Untrained supervisors making these determinations is a program violation.
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Post-Accident Testing
49 CFR 382.303
Required after certain DOT-recordable accidents. Not every accident triggers post-accident testing. The specific criteria determine when testing is mandatory.
| Accident Condition | Citation Issued to CMV Driver? | Test Required? |
|---|---|---|
| Fatality | Does not matter | YES, always |
| Bodily injury requiring transport to medical treatment | Yes | YES |
| Bodily injury requiring transport to medical treatment | No | NO |
| Disabling damage to any vehicle requiring tow | Yes | YES |
| Disabling damage to any vehicle requiring tow | No | NO |
Timing requirements:
- Alcohol: Must be tested within 2 hours if possible, 8 hours maximum. If not tested within 8 hours, stop attempts and document the reason
- Drug: Must be tested within 32 hours. If not tested within 32 hours, stop attempts and document the reason
- The driver must not consume alcohol for 8 hours following the accident or until tested, whichever comes first
Document everything: If you are unable to test within the required timeframes, you must document why. "We forgot" or "we did not know" is not an acceptable reason. Have a post-accident testing procedure in writing so dispatchers and supervisors know exactly what to do.
Return-to-Duty Testing
49 CFR 382.309
Required before a driver who has violated the drug or alcohol rules can return to safety-sensitive functions. This test occurs after the driver has been evaluated by a Substance Abuse Professional (SAP) and completed any prescribed treatment.
Prerequisites before the return-to-duty test:
- SAP face-to-face evaluation completed
- All SAP-prescribed education or treatment completed
- SAP follow-up evaluation completed, confirming compliance
- Return-to-duty test must be directly observed
- Must produce a verified negative result (drug) or result below 0.02 (alcohol)
Follow-Up Testing
49 CFR 382.311
After a driver returns to duty following a violation, the SAP establishes a follow-up testing plan. The driver is subject to unannounced testing for a minimum of 6 tests in the first 12 months. The SAP can extend follow-up testing for up to 60 months total.
Follow-up testing rules:
- Minimum 6 tests in the first 12 months after return to duty
- SAP determines the testing schedule, frequency, and total duration
- Maximum duration: 60 months from return to duty
- All follow-up tests are directly observed
- Follow-up testing is in addition to random testing (the driver is still in the random pool)
The DOT 5-Panel Drug Test
All DOT drug testing uses the standard 5-panel urine test. The test screens for five categories of controlled substances. Employers cannot add substances to the DOT panel or substitute a different testing methodology.
| Substance | Screen Cutoff (ng/mL) | Confirmation Cutoff (ng/mL) | Notes |
|---|---|---|---|
| Marijuana (THC) | 50 | 15 | State medical marijuana laws do not apply. Positive is positive regardless of prescription. |
| Cocaine | 150 | 100 | Tests for benzoylecgonine (cocaine metabolite). |
| Amphetamines | 500 | 250 | Includes amphetamine, methamphetamine, MDMA, and MDA. |
| Opioids | 300/2000 | Various | Current term (replaces "opiates"). Tests for codeine, morphine, hydrocodone, hydromorphone, oxycodone, oxymorphone, and 6-AM (heroin marker). |
| Phencyclidine (PCP) | 25 | 25 | - |
Marijuana and the DOT: No Exceptions
This is the single most common source of confusion in DOT drug testing. As of 2026, marijuana remains a Schedule I substance under federal law. DOT does not recognize state-level medical or recreational marijuana laws. A driver who tests positive for THC cannot be verified negative by the MRO based on a state medical marijuana card. The result is positive, period. A driver with a valid state marijuana prescription is still prohibited from operating a CMV with THC in their system.
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Alcohol Testing: Thresholds and Process
Alcohol testing uses breath or saliva rather than urine. The testing process has two steps: a screening test and, if needed, a confirmation test. The results are measured as Breath Alcohol Concentration (BAC).
Alcohol Test Result Thresholds
Negative result
No action required. Driver can continue safety-sensitive functions.
Not a positive, but driver is removed
Not considered a violation under Part 382, but the driver must be removed from safety-sensitive functions for at least 24 hours. No SAP referral required. No Clearinghouse report. However, the carrier should document it and consider whether further action is warranted.
Positive result / violation
This is a DOT violation. The driver is immediately removed from safety-sensitive functions, the violation is reported to the Clearinghouse, and the driver must be referred to a SAP and complete the full return-to-duty process before driving again.
The Two-Step Alcohol Testing Process
Step 1: Screening test. Conducted using an approved alcohol screening device (ASD) or evidential breath testing device (EBT). If the result is below 0.02, the test is negative and complete. If 0.02 or higher, proceed to Step 2.
Step 2: Confirmation test. Must be conducted using an EBT (not an ASD). Must occur between 15 and 30 minutes after the screening test. The confirmation result is the final, official result. If the confirmation result is below 0.02, the overall result is negative.
Alcohol Testing Timing Rule
For random and reasonable suspicion alcohol testing, the test can only be conducted just before, during, or just after the driver performs safety-sensitive functions. Unlike drug testing, alcohol testing cannot be conducted at any random time. The driver must be on duty or about to go on duty. This timing restriction does not apply to post-accident or return-to-duty alcohol testing.
Random Testing Pool Requirements
The random testing pool is one of the most common areas where employers make mistakes. The rules about who is in the pool, how selections work, and how to calculate your required testing rate are specific and frequently audited.
How to Calculate Your Required Number of Tests
The annual testing rate applies to your average number of driver positions in the pool throughout the year. For a carrier with a consistent 20 drivers in the pool:
Drug Tests Required
20 drivers x 50% = 10 drug tests per year
Alcohol Tests Required
20 drivers x 10% = 2 alcohol tests per year
Pool management rules:
- Every CDL driver performing safety-sensitive functions must be in the pool
- Selections must use a scientifically valid random method (typically computer-generated)
- Each driver must have an equal chance of selection in each period
- Selections must be spread reasonably throughout the calendar year (not all in one quarter)
- A driver can be selected and tested more than once in the same year
- Small carriers can join a consortium to pool drivers with other carriers
Consortium Membership Does Not Remove Your Responsibility
Many small carriers join a consortium or use a third-party administrator (TPA) to manage their random testing program. This is permitted and common. However, the motor carrier is still ultimately responsible for ensuring the program is compliant. If the consortium fails to select enough drivers or misses a testing period, it is the carrier that receives the violation. Verify your consortium is meeting the required rates and maintaining proper records.
Clearinghouse Reporting and Queries
The FMCSA Drug and Alcohol Clearinghouse is a centralized database that tracks drug and alcohol violations for CDL drivers. Employers have both reporting obligations and query requirements.
Query Requirements
- Pre-employment full query: Required before hiring any CDL driver. Returns the driver's complete violation record. Requires the driver's specific electronic consent.
- Annual limited query: Required once per year for every current CDL driver. Returns only whether there is information (yes/no). Requires general consent.
- Full query follow-up: Required if a limited query returns a match. Must obtain specific consent and run a full query to see the details.
Reporting Requirements
- Employers must report: Positive drug test results, alcohol results of 0.04+, refusals to test, and actual knowledge of drug use or alcohol misuse
- MROs must report: Verified positive drug test results and refusals to test
- SAPs must report: Completion of return-to-duty process
Clearinghouse Violation Fines
Each missing pre-employment Clearinghouse full query carries a fine of $6,386. Each driver without a query is a separate violation. For a carrier that hired 10 drivers without Clearinghouse queries, the potential penalty is $63,860. FMCSA has been aggressively enforcing Clearinghouse compliance, and this is one of the first items auditors check.
The MRO Verification Process
The Medical Review Officer (MRO) is the gatekeeper of the drug testing process. Every drug test result (positive and negative) must be reviewed and verified by the MRO before being reported to the employer. The MRO is a licensed physician with knowledge of substance abuse and DOT testing regulations.
What the MRO Does
Reviews Laboratory Results
Receives the drug test result from the laboratory. For negative results, the MRO verifies and reports the negative to the employer.
Interviews the Donor (Positive Results)
For positive results, the MRO must make a reasonable effort to contact the donor (driver) to conduct a verification interview. The driver has an opportunity to provide a legitimate medical explanation (valid prescription from a licensed provider for a medication that could explain the result).
Makes the Verification Decision
If the driver provides a valid medical explanation (documented prescription), the MRO may verify the result as negative. If there is no valid explanation, the MRO verifies the result as positive. The MRO cannot change a marijuana positive to negative based on a state medical marijuana authorization.
Reports the Verified Result
The MRO reports the verified result to the Designated Employer Representative (DER). For verified positives, the MRO also reports to the FMCSA Clearinghouse.
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What Happens After a Positive Result
A verified positive drug test, an alcohol test result of 0.04 or higher, or a refusal to test triggers a mandatory sequence of actions. Both the employer and the driver have specific obligations that cannot be skipped.
The Step-by-Step Process After a Violation
Immediate removal. The driver is removed from all safety-sensitive functions immediately upon notification of the verified positive, 0.04+ alcohol result, or refusal. No driving, no exceptions, no waiting period.
Clearinghouse reporting. The employer (and MRO, if applicable) must report the violation to the FMCSA Clearinghouse. This must be done promptly. The violation will be visible to any employer running a Clearinghouse query on this driver.
SAP referral. The employer must provide the driver with a list of SAPs (Substance Abuse Professionals). The employer does not choose the SAP for the driver. The SAP must be a licensed physician, psychologist, social worker, or certified counselor with specific DOT training.
SAP evaluation. The driver meets with the SAP for a face-to-face clinical assessment. The SAP determines what education or treatment the driver needs and creates a treatment plan.
Complete prescribed treatment. The driver completes all education, counseling, or treatment prescribed by the SAP. The duration depends on the SAP's clinical judgment.
SAP follow-up evaluation. The SAP conducts a second face-to-face evaluation to determine whether the driver has complied with the treatment plan and is ready for the return-to-duty process.
Return-to-duty test. A directly observed drug and/or alcohol test (depending on the original violation). Must produce a verified negative (drug) or below 0.02 (alcohol). Only after this result can the driver return to safety-sensitive functions.
Follow-up testing plan. The SAP establishes a follow-up testing schedule: minimum 6 unannounced tests in the first 12 months, with the option to extend up to 60 months. All follow-up tests are directly observed.
Employer's Decision: Hire Back or Not
DOT regulations require the employer to provide the SAP referral and ensure the return-to-duty process is available. However, there is no DOT requirement that the original employer must hire the driver back after they complete the process. Many carriers choose to terminate employment after a positive test. The return-to-duty process makes the driver eligible to drive for any carrier, but no carrier is obligated to employ them. If a new carrier hires the driver, the Clearinghouse full query will show the violation history, including whether the return-to-duty process was completed.
Confidential File and Record Retention
All drug and alcohol testing records are governed by 49 CFR Part 382 and must be maintained in a confidential file separate from the driver qualification file (DQF). The confidential file must be stored in a locked, restricted-access location. These are not general personnel records, and access must be limited to authorized individuals.
| Record Type | Retention Period | Examples |
|---|---|---|
| Positive results, refusals, SAP records | 5 years | Verified positive drug tests, 0.04+ alcohol results, refusals to test, SAP evaluation reports, return-to-duty test results |
| Clearinghouse query records | 3 years | Pre-employment full query results, annual limited query results, driver consent forms |
| Random selection and negative results | 2 years | Random pool records, selection lists, negative test results, cancelled tests |
| EBT calibration records | 1 year | External calibration check records for evidential breath testing devices |
| Education and training records | Indefinite | Supervisor reasonable suspicion training certificates, driver education materials |
Separate Files: This Is Not Optional
Drug and alcohol testing records must be maintained in a separate confidential file, not in the driver qualification file (DQF). The DQF is governed by Part 391; the confidential file is governed by Part 382. Mixing them is a regulatory violation and exposes confidential medical information to anyone who accesses the DQF. FMCSA auditors specifically check that these files are maintained separately. A note in the DQF can reference the existence of the confidential file, but no drug/alcohol records should be physically present in the DQF.
Supervisor Reasonable Suspicion Training
Any supervisor who may be called upon to make a reasonable suspicion determination must complete specific training before they can order a DOT reasonable suspicion test. This is an employer obligation, not optional.
Required Training Content
Drug Indicators (minimum 60 minutes)
- - Physical signs and symptoms of drug use
- - Behavioral indicators
- - Effects of different drug categories on performance
- - How to document observations
- - When and how to order a test
Alcohol Indicators (minimum 60 minutes)
- - Physical signs of alcohol misuse
- - Behavioral indicators
- - Effects of alcohol on driving performance
- - Timing requirements for alcohol testing
- - Documentation procedures
Who needs this training: Every person designated to make reasonable suspicion determinations. This typically includes fleet managers, safety directors, dispatch supervisors, terminal managers, and any other person who might need to observe a driver and decide whether to order a test. If only one supervisor has the training and that person is unavailable when a situation arises, you have a gap.
10 Common Employer Mistakes
Requiring pre-employment alcohol testing and believing it is DOT-mandated
DOT requires pre-employment drug testing only. There is no federal requirement for pre-employment alcohol testing. Adding it under company policy is fine, but presenting it as a DOT requirement creates confusion and potential legal issues.
Dispatching a driver before receiving the verified negative pre-employment result
Sending the driver to the collection site is not enough. You must have the verified negative result from the MRO before the driver can operate a CMV. This cannot be fixed retroactively.
Not maintaining the required random testing rate
Falling below the 50% drug / 10% alcohol annual random rates is a program violation. This happens when carriers fail to adjust selections as their pool size changes, or when selections are bunched in one part of the year and insufficient in another.
Mixing drug/alcohol records into the general DQF
All testing records belong in the confidential file (Part 382), which must be stored separately with restricted access. Placing these records in the DQF (Part 391) is a violation.
Missing Clearinghouse pre-employment queries
Every new hire must have a full Clearinghouse query before operating a CMV. At $6,386 per missing query, this adds up fast. Every current driver needs an annual limited query. Forgetting either is a common and expensive violation.
No trained supervisors for reasonable suspicion
If no supervisor has completed the required 120 minutes of training (60 drug + 60 alcohol), you cannot make valid reasonable suspicion determinations under DOT regulations. Many small carriers have zero trained supervisors, which is a program violation.
Missing post-accident testing windows
Alcohol testing must happen within 8 hours and drug testing within 32 hours of a qualifying accident. Missing these windows means you cannot conduct the test, and you must document why it was missed. "We did not know the rules" is not an acceptable reason.
Not reporting violations to the Clearinghouse
Employers have a reporting obligation: positive results, refusals, and actual knowledge violations must be reported to the Clearinghouse. Failing to report means the next employer who runs a Clearinghouse query will not see the violation, potentially allowing a driver with a drug or alcohol violation to continue operating.
Allowing a driver with a positive result to continue driving
A driver who tests positive or refuses a test must be immediately removed from safety-sensitive functions. There is no grace period, no "finish the load" exception, and no waiting for a second opinion. Immediate means immediate.
Using outdated drug panel terminology
The DOT drug panel tests for "opioids," not the outdated term "opiates." The expanded panel includes semi-synthetic opioids (hydrocodone, hydromorphone, oxycodone, oxymorphone) in addition to the traditional opiate analytes (codeine, morphine). Using outdated terminology in your policy documents signals that your program has not been updated.
Managing Your Program with FileFlo
A compliant drug and alcohol testing program requires tracking multiple test types, random selection schedules, Clearinghouse queries, supervisor training records, confidential file maintenance, and record retention periods across every driver in your fleet. One missed test, one unreported violation, or one expired Clearinghouse query creates a compliance gap.
How FileFlo Simplifies Drug and Alcohol Program Management
- Random pool tracking: Monitor your pool size, selection rates, and testing completions to ensure you meet the 50% drug / 10% alcohol annual minimums throughout the year
- Clearinghouse query reminders: Automated alerts for pre-employment full queries and annual limited queries so you never miss a required query
- Separate confidential file management: Drug and alcohol records are maintained in a separate, access-controlled section, exactly as Part 382 requires
- Supervisor training tracking: Track which supervisors have completed reasonable suspicion training, when it was completed, and when refreshers are recommended
- Record retention automation: Automatic retention period tracking for every record type, so you know what to keep, for how long, and when it can be purged
- Post-accident testing workflow: Step-by-step guidance when an accident occurs, including the decision matrix for whether testing is required and tracking of the testing time windows
Key Takeaways
- 6 test types, all required: pre-employment (drug only), random, reasonable suspicion, post-accident, return-to-duty, and follow-up. Missing any category is a program violation.
- Pre-employment is drug only. DOT does not require pre-employment alcohol testing. Do not confuse the two.
- Random rates: 50% drug / 10% alcohol annually. These are federal FMCSA minimums applied to your average pool size, spread throughout the year.
- The drug panel tests for 5 substances, including opioids (current term). Marijuana positive results cannot be overridden by state medical marijuana laws.
- Clearinghouse queries and reporting are mandatory. Full query before hiring ($6,386 fine per missing query), limited query annually, and all violations must be reported.
- Separate confidential files. Drug/alcohol records go in Part 382 confidential files with restricted access, not in the Part 391 DQF.
- Supervisor training is not optional. At least 120 minutes of training (60 drug + 60 alcohol) is required for anyone making reasonable suspicion determinations.
- Positive result = immediate removal. No exceptions, no grace period. Then: Clearinghouse report, SAP referral, treatment, return-to-duty test, follow-up testing.
DOT Drug and Alcohol Testing: FAQ
Answers to common questions about DOT drug and alcohol testing requirements for employers.
No. FMCSA requires pre-employment drug testing only. There is no federal requirement for pre-employment alcohol testing under 49 CFR Part 40 or Part 382. Some carriers choose to conduct pre-employment alcohol testing under company policy, but it is not a DOT requirement. Do not confuse pre-employment drug testing (required) with pre-employment alcohol testing (not required).
A refusal to test is treated the same as a positive result. The driver is immediately removed from safety-sensitive functions, the refusal is reported to the FMCSA Clearinghouse, and the driver must complete the full SAP evaluation and return-to-duty process before being eligible to drive again. Refusal includes failing to appear, leaving the collection site before providing a specimen, attempting to tamper with or substitute a specimen, and failing to provide an adequate specimen without a valid medical explanation.
No. DOT does not recognize state medical marijuana laws. Marijuana (THC) is a Schedule I controlled substance under federal law, and it is on the DOT 5-panel drug test. A positive THC result is a positive result regardless of whether the driver has a state-issued medical marijuana card. The MRO cannot verify a positive marijuana result as negative based on a state medical marijuana authorization. This is one of the most common misunderstandings among drivers and employers.
Random selections must be made using a scientifically valid method that gives each driver in the pool an equal chance of being selected in each selection period. Most carriers use a third-party administrator (TPA) or consortium that runs a computer-generated random selection. Selections must be spread reasonably throughout the calendar year, not bunched into one quarter. Selected drivers must proceed to the collection site immediately upon notification. There is no advance notice requirement, and drivers cannot be told of their selection before the day they must report.
Alcohol testing uses a two-step process. The screening test (first test) can be done with an approved screening device (ASD) or evidential breath testing device (EBT). If the screening result is 0.02 or higher, a confirmation test must be performed using an EBT within 15-30 minutes. Only the confirmation test result determines the outcome. A screening result below 0.02 is a negative result, and no confirmation test is needed.
Yes, if they hold a CDL and perform safety-sensitive functions. Owner-operators operating under their own authority must establish their own drug and alcohol testing program or join a consortium. Owner-operators leased to a motor carrier are typically included in the carrier's random testing pool. Every CDL holder who operates a CMV must be in a random pool regardless of employment status.
A drug or alcohol violation remains in the FMCSA Clearinghouse for 5 years from the date of the violation determination. If the driver completes the return-to-duty process (SAP evaluation, treatment, negative return-to-duty test, and follow-up testing), the record is updated to reflect completion, but the violation record itself remains visible for the full 5 years. During that time, any employer running a full query will see it.
Employer violations include fines of up to $16,550 per violation for failing to implement a compliant drug and alcohol testing program. Specific violations include failing to conduct pre-employment testing, failing to maintain the required random testing rate, failing to conduct post-accident testing within required timeframes, failing to report violations to the Clearinghouse, and failing to conduct pre-employment Clearinghouse queries. Each missing query carries a $6,386 fine. In severe cases, FMCSA can issue an out-of-service order shutting down the carrier's operations.
Not yet for DOT-mandated tests. As of early 2026, DOT drug testing under 49 CFR Part 40 requires urine specimen collection. FMCSA has been exploring the addition of hair testing as an option, and legislation has been proposed, but hair testing is not yet approved for DOT-mandated testing. Employers may use hair testing for company policy (non-DOT) purposes, but it cannot replace the required DOT urine test.
All drug and alcohol testing records must be maintained in a confidential file separate from the DQF. Retention periods are: 5 years for positive test results, refusals, and SAP referrals; 3 years for Clearinghouse query records; 2 years for random testing selection records and negative results; 1 year for EBT calibration records. Records must be stored with restricted access, and release to third parties requires written driver consent except for specific regulatory and legal exceptions.
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