Inquiring about an applicant's previous DOT drug and alcohol test results

What is an employer's responsibility when inquiring about an applicant's previous DOT drug and alcohol test results?

• Certified mail is not required.
• The employer can make this inquiry through a variety of means, including mail
(certified or not), fax, telephone, or email.
• However, the employer must provide the former employer the signed release or a faxed
or scanned copy of the employee's signed release.
• The former employer must respond via a written response (e.g., fax, letter, email)
that ensures confidentiality.
• The employer should document an attempt or attempts to contact and contacts with
previous employers.

QUESTION:
When a previous employer receives an inquiry from a new employer for drug and alcohol testing information, does the previous employer provide information it may have received from other employers in the past?

ANSWER:
As an employer, when you receive an inquiry about a former employee, you must provide all the information in your possession concerning the employee's DOT drug and alcohol tests that occurred in the two years preceding the inquiry.

It is not a violation of Part 40 or DOT agency rules if you provide, in addition, information about the employee's DOT drug and alcohol tests obtained from former employers that dates back more than two years ago.