DOT Required Previous Employer Checks
The recently revised U.S. Department of Transportation (DOT) regulation, 49 CFR Part 40, “Procedures for Transportation Workplace Drug and Alcohol Testing Programs,” now includes a provision that requires each regulated employer to obtain previous drug and alcohol testing records on all applicants/employees who will begin to perform safety sensitive functions. (See 49 CFR Part 40, section 40.25).
The regulation, most of which went into effect on August 1, 2001, covers all employers regulated by the DOT drug and alcohol testing regulations. (Previously, only employers regulated by the Federal Motor Carrier Safety Administration [FMCSA] were required to obtain previous drug and alcohol testing records).
In short, the new provision requires employers to obtain the following, pursuant to the employee’s written consent:
(1) Alcohol test results with an alcohol concentration of 0.04 or higher;
(2) Verified positive drug test results;
(3) Refusals to be tested (including verified adulterated or substituted drug test results);
(4) Other violations of DOT agency drug and alcohol testing regulations; and
(5) With respect to any employee who violated a DOT drug and alcohol regulation, documentation of the employee’s successful completion of DOT return to duty requirements (including follow up tests).
This drug and alcohol background check applies only to applicants/employees seeking to begin performing safety sensitive functions for the first time, i.e., a new hire, or a current employee who is transferring into a safety sensitive position. The employer is required to contact previous DOT-regulated employers, within the last two years, who employed the individual in a safety sensitive position.
Many of our DOT regulated clients have called requesting more information and clarification on this new provision. The Question and Answer section listed below addresses the most common questions/concerns.
Q. The regulation requires that I, as the employer, obtain written consent from the applicant/employee before I attempt to obtain the previous drug and alcohol testing records. What if the applicant/employee refuses to give me his/her written consent?
A. You cannot permit this individual to perform safety sensitive functions.
Q. Do I, as the employer, have to obtain the information from previous employers before I can use the individual to perform safety sensitive functions?
A. No. You may permit the individual to perform safety sensitive functions for 30 days while you await this information. However, ideally, you should obtain this information before the individual first performs a safety sensitive function.
Q .What happens if I don’t receive the information from the previous employer within 30 days?
A. You cannot permit the employee to perform safety functions after 30 days, unless you have made and documented a good faith effort to obtain the information.
Q. Must I provide previous employers with a copy of the applicant’s/employee’s written consent when I request the information?
A. Yes.
Q. What happens if I find out that the applicant/employee did have a DOT violation with a previous employer?
A. You must not permit the individual to perform a safety sensitive function unless the individual can document that he/she was evaluated by a Substance Abuse Professional (SAP) and successfully completed the DOT return to duty requirements.
Q. Can FirstLab conduct these Drug and Alcohol Background Checks for me?
A. Yes. FirstLab has dedicated a team of employees who are trained to conduct the required drug and alcohol background check in accordance with the DOT regulations. We guarantee that you will receive a complete report within the required 30-day time limit.
For further information on this service, please contact us at
800-732-3784 or via e-mail at mkt@firstlab.com
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