• Drivers must meet specific criteria to qualify for the DOT pre-employment drug testing exception.
• Trip-leased or loaned drivers may also be excepted.

A driver who has recently participated in a Department of Transportation (DOT) testing program under another motor carrier may qualify for the DOT pre-employment drug testing exception (382.301(b)).

To claim the exception to pre-employment testing, the driver must meet the following criteria:

• Must have participated in a drug testing program meeting the requirements of Part 382 within the previous 30 days; and
• While participating in this program, must have either:
  • Been tested for drugs in the previous six months, or
  • Participated in a random drug testing program for the previous 12 months; and
• Does not have any DOT drug testing violations (positive, refusal to test) in the previous six months.

To take advantage of this exception, the motor carrier must contact the previous testing program prior to using the driver and obtain the following information (as required in 382.301(c)):

• The name and address of the program. This would generally be the driver’s prior and/or current employer.
• Verification that the driver participates or participated in the program.
• Verification that the program conforms to the required procedures set forth in 49 CFR Part 40.
• Verification that the driver is qualified under Part 382, including that the driver has not refused to submit to an alcohol or drug test.
• The date the driver was last tested for alcohol and drugs.
• The results of any DOT drug or alcohol test administered in the previous six months, and any violations of the alcohol misuse or drug rules.

The motor carrier must provide specific written consent from the driver authorizing release of the information.

A driver is not permitted to perform a safety-sensitive function until the new employer receives the documentation of the exception from the prior testing program.

Using the exception with intermittent drivers

An employer that uses a driver more than once per year — but does not employ the driver (i.e., a trip-lease or loaned driver) — can take advantage of the exception to pre-employment testing explained in the previous section. But the employer must confirm once every six months that the driver participates in a DOT-compliant drug testing program.

For instance, Employer A uses a driver to operate commercial motor vehicles (CMVs) for two or more times in a 365-day period, but the driver is regularly employed by Employer B (and both employers are subject to the DOT’s drug testing rules). Employer A need only check with Employer B once every six months to obtain the pre-employment exception testing information, assuming Employer A does not want to pre-employment test the driver each time. Employer A must obtain specific written consent from the driver authorizing Employer B to release the information to Employer A.

Suppose a driver has a few days off from the regular employer (Employer B) and is asked to deliver a load for another employer (Employer A). Rather than conduct a pre-employment drug test, Employer A decides to use the exception and obtains the required information from Employer B. Employer A uses the driver for the delivery and decides to use the person again in one month and again after four months. Employer A is not required to obtain the driver’s testing records from Employer B for these trips. However, the driver once more returns to perform another delivery seven months after Employer A first obtained test records from Employer B. Before using the driver for this trip, Employer A must again obtain the required testing information from Employer B.