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Implementation Guidelines - Federal Transit Administration - U.S. ...

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Chapter 10. ADMINISTRATIVE<br />

REQUIREMENTS<br />

FTA-covered employers must maintain<br />

certain records documenting their testing<br />

program consistent with the requirements set<br />

forth in Subpart P of Part 40 and §655.71.<br />

These DOT and FTA requirements specify<br />

the type of records that must be kept and the<br />

corresponding length of time they should be<br />

maintained. These requirements should be<br />

considered minimums. Sometimes,<br />

additional records are needed to complete a<br />

paper trail and thoroughly document the<br />

decision-making process. Similarly,<br />

employers may extend the record retention<br />

period to coincide with timelines for other<br />

data uses. For example, the statute of<br />

limitations for accidents in some states may<br />

exceed the minimum retention requirements<br />

for post-accident records set forth in the<br />

FTA regulations. Therefore, it may be<br />

prudent for the employer to establish a<br />

record retention policy that addresses both<br />

the FTA minimum requirements, and other<br />

potential needs for the information.<br />

The regulation [§655.71] clearly<br />

specifies that records must be maintained on<br />

test results, the testing process,<br />

return-to-duty process, and employee<br />

training. In addition, you must submit<br />

annual reports to FTA regarding testing<br />

program activities and results. The<br />

regulations specify record keeping<br />

requirements for both employers [§655.71<br />

and §40.333] and service agents [Part 40<br />

Subpart P].<br />

Section 1. RECORD KEEPING<br />

Employer Record Keeping<br />

Requirements. Employers must maintain<br />

records documenting their program<br />

administration and the test results. Figure<br />

10-1 on the following page summarizes the<br />

employer record retention requirements<br />

[§655.71]. The retention period begins on<br />

the record creation date.<br />

Chapter 10. Administrative Requirements 10-1 August 2002

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