§ 382.403 Reporting of results in a management information system.

(a) An employer shall prepare and maintain a summary of the results of its alcohol and controlled substances testing programs performed under this part during the previous calendar year, when requested by the Secretary of Transportation, any DOT agency, or any State or local officials with regulatory authority over the employer or any of its drivers.
(b) If an employer is notified, during the month of January, of a request by the Federal HighwayMotor Carrier Safety Administration to report the employer's annual calendar year summary information, the employer shall prepare and submit the report to the FederalFMCSA Highway Administration by March 15 of that year. The employer shall ensure that the annual summary report is accurate and received by March 15 at the location that the FederalFMCSA Highway Administration specifies in its request. The reportemployer shallmust beuse in the formManagement andInformation mannerSystem prescribed(MIS) byform theand Federalinstructions Highwayas Administrationrequired in its request. When the report is submitted to the Federal Highway Administration by mail49 orCFR electronicpart transmission,40 the(at information§ requested shall be typed, except for the signature of the certifying official40.26 Each employer shall ensure the accuracy and timelinessappendix ofJ eachto reportpart submitted by the employer or a consortium.
(c40) Detailed summary. EachThe annualemployer calendarmay yearalso summaryuse that contains information on a verified positive controlled substances test result, an alcohol screening test result of 0.02 or greater, or any other violation of the alcoholelectronic misuseversion provisions of subpart B of this part shall include the followingMIS informationalform elements:
(1)provided Numberby of drivers subject to Part 382;
(2) Number of drivers subject to testing under the alcohol misuse or controlled substances use rules of more than one DOT. agency,The identifiedAdministrator bymay eachdesignate agency;
(3)means Number of urine specimens collected by type of test (e.g., pre-employment,electronic random,program reasonabletransmitted suspicion,via post-accidentthe Internet);
(4), Numberother ofthan positives verified by a MRO by type of testhard-copy, andfor typeMIS ofform controlledsubmission. substance;
(5)For Numberinformation ofon negativethe controlledelectronic substanceversion tests verified by a MRO by type of test;
(6)the Numberform, ofsee: persons denied a position as a driver following a pre-employment verified positive controlled substances test andhttp:/or a pre-employment alcohol test that indicates an alcohol concentration of 0/www.04 or greater;fmcsa.dot.gov/safetyprogs/drugs/engtesting.htm.
(7c) NumberWhen ofthe driversreport withis testssubmitted verified positive by a medical review officer for multiple controlled substances;
(8) Number of drivers who refused to submitthe toFMCSA anby alcoholmail or controlledelectronic substancestransmission, testthe requiredinformation underrequested thisshall subpart;
(9)(i)be Numbertyped, ofexcept supervisorsfor who have received required alcohol training during the reportingsignature period; and
(ii) Number of supervisorsthe whocertifying haveofficial. receivedEach requiredemployer controlledshall substancesensure training during the reportingaccuracy period;
(10)(i) Number of screening alcohol tests by type of test; and
(ii) Numbertimeliness of confirmationeach alcoholreport tests,submitted by typethe ofemployer test;
(11) Number of confirmation alcohol tests indicating an alcohol concentration of 0.02 or greatera but less than 0consortium.04, by type of test;
(12d) NumberIf ofyou confirmationhave alcohola testscovered indicatingemployee an alcohol concentration of 0.04 or greater, by type of test;
(13) Number of drivers who wereperforms returnedmulti-DOT toagency dutyfunctions (having complied with the recommendations of a substance abuse professional as described in §§ 382e.503 and 382g.605), inan thisemployee reportingdrives period, who previously:
(i) Had a verifiedcommercial positivemotor controlledvehicle substanceand testperforms result,pipeline or
(ii)maintenance Engagedduties infor prohibited alcohol misuse under the provisions of this part;
(14) Number of drivers who were administered alcohol and drug tests at the same time, with both a verified positive drug test result and an alcohol test result indicating an alcohol concentration of 0.04 or greater; and
(15employer) Number of drivers who were found to have violated any non-testing prohibitions of subpart B of this part, andcount anythe actionemployee takenonly inon response to the violation.
(d)MIS Shortreport summary.for Eachthe employer'sDOT annualcalendaragency yearunder summarythatwhich containshe onlyor negativeshe controlledis substancerandomly test results, alcohol screening test results of less than 0tested.02, and does not contain any other violations of subpart B of this partNormally, may prepare and submit, as required by paragraph (b) of this section,will eitherbe athe standardDOT reportagency formunder containingwhich all the informationemployee elementsperforms specifiedmore inthan paragraph50% (c) of thishis section, or anher “EZ” report formduties. TheEmployers “EZ”may reporthave shallto includeexplain the followingtesting informationdata elements:
(1)for Numberthese ofemployees driversin subject to this Part 382;
(2) Number of drivers subject to testing under the alcoholevent misuse or controlled substance use rules of morea than one DOT agency, identifiedinspection byor each agency;audit.
(3e) NumberA ofservice urineagent specimens collected by type of test (e.g., preConsortium/Third-employment,party random,administrator reasonableas suspicion,defined post-accident);
(4)in Number49 ofCFR negatives verified by a medical review officer by type of test;
(5382.107) Numbermay ofprepare drivers who refused to submit to an alcohol or controlled substances test required under this subpart;
(6)(i) Number of supervisors who have received required alcohol training during the reportingMIS period;report and
(ii)on Numberbehalf of supervisorsan whoemployer. haveHowever, receiveda requiredcompany controlledofficial substances training during the reporting period;
(7)e.g., NumberDesignated ofemployer screenrepresentative alcohol tests by type of test; and
(8) Number of drivers who were returned to duty (having complied with the recommendations of a substance abuse professional as describeddefined in §§ 382.503 and 382.605107), inmust thiscertify reportingthe period,accuracy whoand previously:
(i)completeness Hadof athe verifiedMIS positive controlled substance test resultreport, or
(ii)no Engagedmatter inwho prohibitedprepares alcohol misuse under the provisions of this partit.
(e)[66 EachFR employer43103, that is subject to more than one DOT agency alcohol or controlled substances rule shall identify each driver covered by the regulations of more than one DOT agencyAug. The17, identification2001, willas beamended byat the68 totalFR number75459, of covered functionsDec. Prior31, to2003; conducting78 anyFR alcohol or controlled substances test on a driver subject to the rules of more than one DOT agency58479, the employer shall determine which DOT agency rule or rules authorizes or requires the testSept. The24, test2013; result83 informationFR shall22875, beMay directed17, to2018; the88 appropriateFR DOT27653, agencyMay or2, agencies.
(f)2023; A88 consortiumFR may80181, prepare annual calendar year summaries and reports on behalf of individual employers for purposes of compliance with this sectionNov. However17, each employer shall sign and submit such a report and shall remain responsible for ensuring the accuracy and timeliness of each report prepared on its behalf by a consortium.2023]