§ 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 Motor Carrier Safety Administration to report the employer's annual calendar year summary information, the employer shall prepare and submit the report to the FMCSA 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 FMCSA specifies in its request. The reportemployer shallmust beuse in the formManagement andInformation mannerSystem prescribed(MIS) byform theand FMCSAinstructions inas itsrequired request. When the report is submitted to the FMCSA 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 this part;
(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 substances test required under this subparttransmission, includingthe thoseinformation whorequested submittedshall substitutedbe ortyped, adulteratedexcept specimens;
(9)(i)for Number of supervisors 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 part 40g., subpartan Oemployee ofdrives this title), in this reporting 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 annualagency calendarunder yearwhich summaryhe thator containsshe onlyis negativerandomly controlled substance 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;
(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 negatives382.107) verifiedmay byprepare athe medicalMIS reviewreport officeron bybehalf type of test;
(5) Number of drivers who refused to submit to an alcoholemployer. orHowever, controlleda substancescompany testofficial required under this subpart(e.g., includingDesignated thoseemployer whorepresentative submittedas substituteddefined orin adulterated§ specimens;
(6382.107)(i) Numbermust ofcertify supervisors who have received required alcohol training during the reportingaccuracy period; and
(ii) Numbercompleteness of supervisors who have received required controlled substances training during the reportingMIS period;
(7)report, Numberno ofmatter screen alcohol tests by type of test; and
(8) Number of drivers who wereprepares returned to duty (having complied with the recommendations of a substance abuse professional as described in § 382it.503
[66 andFR part 4043103, subpartAug. O17, of this title)2001, inas thisamended reportingat period,68 whoFR previously:
(i) Had a verified positive controlled substance test result75459, or
(ii) Engaged in prohibited alcohol misuse under the provisions of this partDec.
(e) Each31, employer2003; that78 isFR subject58479, to more than one DOT agency alcohol or controlled substances rule shall identify each driver covered by the regulations of more than one DOT agencySept. The24, identification2013; will83 beFR by22875, theMay total17, number2018; of88 coveredFR functions.27653, PriorMay to2, conducting2023; any88 alcoholFR or controlled substances test on a driver subject to the rules of more than one DOT agency80181, the employer shall determine which DOT agency rule or rules authorizes or requires the testNov. The test result information shall be directed to the appropriate DOT agency or agencies.
(f) A C/TPA may prepare annual calendar year summaries and reports on behalf of individual employers for purposes of compliance with this section. 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 C/TPA.2023]