What do I need to keep in the confidential file? Does it need to be kept under lock and key?

Federal truck safety regulations do not require that you keep a “confidential” file on each of your drivers or owner-operators. However, as an employer, you don’t want to expose yourself to legal claims from an unhappy employee or contractor for allowing access to information that should be private. It is a good idea to keep the following information confidential. Although it does not have to be “under lock and key,” it should only be available to those making hiring decisions. It is not a good idea to keep it as part of the driver’s or contractor’s qualification file.
An employee’s or contractor’s medical exam report (long form)
An employee’s or contractor’s drug and alcohol testing results
References provided on the individual by prior employers