2006 New York Code - Recordkeeping And Reporting.

 
    §   17-611  Recordkeeping  and  reporting.  a.  Motor  carriers  shall
  designate an individual or individuals to serve as drug testing  program
  designee(s)  to  ensure  compliance  with  this chapter. The designee(s)
  shall be responsible for the implementation of the drug testing  program
  and maintaining all records related to the administration of drug tests.
  Motor  carriers  shall  retain records related to the collection process
  and reports of individuals who have not passed a drug test for at  least
  five years and records of individuals who have passed a drug test for at
  least one year.
    b.  The  medical  review officer shall maintain records of individuals
  who have not passed a drug test for at least five years and the  records
  of individuals who have passed a drug test for at least one year.
    c.  A  motor  carrier  shall  permit  the  chancellor  of the board of
  education or his or her designee to examine all records relating to  the
  administration  and  results  of the drug testing program established by
  such motor carrier pursuant to this chapter.
    d.  A  motor  carrier  shall  promptly  give  written  notice  to  the
  chancellor  of  the board of education or his or her designee whenever a
  driver is removed from active duty or returned to active  duty  pursuant
  to this chapter. Such written notice shall include the driver's name and
  the date of removal from or return to active duty.
    e.  A  motor  carrier shall submit semi-annual reports to the board of
  education on April first and October first of each year summarizing  the
  following information for the periods from September first through March
  first and March second through August thirty-first, respectively:
    (1) The total number of drug tests administered;
    (2)   The   number  of  drug  tests  administered  and  the  dates  of
  administration  in  each   testing   category   (i.e.,   pre-employment,
  post-accident, reasonable suspicion, random, and return to duty);
    (3)  The number of post-accident drug tests administered and the dates
  of administration in  each  accident  category  (i.e.,  fatal,  personal
  injury, property damage or three accidents);
    (4)  For post-accident tests, the number of hours between the accident
  and the collection of a urine specimen;
    (5) The total number of individuals who did not pass a drug test;
    (6) The number of individuals who did not pass a drug test by  testing
  category;
    (7)  The  number  of individuals who did not pass a post-accident drug
  test by accident category;
    (8) The action taken  by  the  motor  carrier  with  respect  to  each
  individual who did not pass a drug test;
    (9)  The  number of drug tests submitted to the laboratory that showed
  evidence of one or more illegal drugs in the immunoassay screening  test
  in a sufficient quantity to warrant a confirmatory test;
    (10)  The  total number of drug tests submitted to the laboratory that
  showed evidence of one or more illegal drugs in the confirmatory test in
  a sufficient quantity to be reported as positive to the  medical  review
  officer;
    (11)  The number of drug tests submitted to the laboratory that showed
  evidence of one or more illegal drugs in  the  confirmatory  test  in  a
  sufficient  quantity  to  be  reported as positive by the medical review
  officer;
    (12) Such other relevant information as the board of  education  shall
  require.
    f.  The first semi-annual report required by this section shall be due
  on April 1, 1991.