• DOT pre-employment testing requirements vary by situation.

Whether Department of Transportation (DOT) pre-employment testing must be conducted varies according to the situation. The following scenarios specify when the Federal Motor Carrier Safety Administration (FMCSA) does and does not require testing:

• A new employer just started operating commercial motor vehicles (CMVs) that require commercial driver’s licenses (CDLs) in commerce. All drivers that would be hired to drive CMVs will fall under the pre-employment testing requirements.
• Employer A purchases Employer B. If Employer B had a DOT alcohol and drug testing program in place, the pre-employment testing requirements would not apply to Employer A because the drivers’ employment and testing status has not been interrupted. However, if the drivers had to reapply for existing positions, this is an interruption of employment and testing requirements apply.
• When an employer changes its name, pre-employment testing is not required.
• An employer is organized in divisions and subsidiaries.
  • In any case where a driver is transferred from one division to another under a common DOT number, the pre-employment requirements would not apply. Under this scenario the employer is one corporate entity.
  • If a driver is transferred from one wholly owned subsidiary to another (switches from one DOT number to another), a pre-employment test is needed. Each subsidiary is considered a separate corporate entity.
• A driver operates vehicles for which a CDL is not required. At a later date, the driver transfers into a position requiring a CDL for the same employer. A pre-employment test would be required because the driver becomes subject to Part 382 due to the vehicle the person will be required to operate.
• Any time a driver is hired and has not been part of a drug program that complies with the FMCSA regulations for the previous 30 days, a pre-employment drug test is required.