# What documentation must the laboratory keep, and for how long?

**Citation:** 49 CFR 40.109  
**Type / status:** regulation / current  
**Agency:** Pipeline and Hazardous Materials Safety Administration  
**Effective:** 2026-08-18  
**Published:** Not stated

(a) As a laboratory, you must retain all records pertaining to each employee urine specimen for a minimum of two years.

(b) As a laboratory, you must also keep for two years employer-specific data required in § 40.111.

(c) Within the two-year period, the MRO, the employee, the employer, or a DOT a

## Document text

(a) As a laboratory, you must retain all records pertaining to each employee urine specimen for a minimum of two years.

(b) As a laboratory, you must also keep for two years employer-specific data required in § 40.111.

(c) Within the two-year period, the MRO, the employee, the employer, or a DOT agency may request in writing that you retain the records for an additional period of time (e.g., for the purpose of preserving evidence for litigation or a safety investigation). If you receive such a request, you must comply with it. If you do not receive such a request, you may discard the records at the end of the two-year period.

## Provenance

- Official: Yes
- Source: <https://www.ecfr.gov/on/2026-08-18/title-49/section-40.109>
- Source ID: `ecfr`
- SHA-256: `5226203a0981e6694ccf89a2c30ac2cb36883b2e7af6a8bedd9d01e7960be846`
- Retrieved: 2026-08-20T05:54:21.729Z
- Exported: 2026-08-22T19:54:36.343Z
- Document slug: `49-cfr-40-109`

### Source metadata

```json
{
  "cfrTitle": 49,
  "part": "40",
  "section": "40.109",
  "subpart": "Subpart F—Drug Testing Laboratories",
  "corpusVersion": "2026-08-18",
  "jurisdiction": "US"
}
```