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.

Checking Previous Drug and Alcohol Testing Records of New Employees

Department of Transportation regulations for drug and alcohol testing, 49 CFR Part 40.25 requires employers to check on the previous two-years of drug and alcohol testing background of new hires and other employees beginning safety-sensitive work. Employers need the written consent of the applicant / employee to obtain these records.

There are two exceptions to the two-year records requirement. Employers covered under FMCSA regulations must seek three years of previous testing records. For employers seeking pilot information under the Pilot Records Improvement Act (PRIA), this is a five-year requirement.

Employers who hire safety-sensitive drivers regulated by the Department of Transportation are required to retain the drug and alcohol testing results of their drivers and provide them to any future employers upon request.

To assist employer compliance with this records check requirement, the Department of Transportation has a download link on their web site.

The form, entitled, Release of Information Form 49 CFR Part 40 – Drug and Alcohol Testing is located on the Employer page of the Department of Transportation web site.