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.