• Employers must ask drivers specific questions about any previous DOT pre-employment testing violations.
• If violations are acknowledged by the driver, the individual is not allowed to perform safety-sensitive functions until proof of a completed the return-to-duty process is obtained.

An applicant or someone transferring into a safety-sensitive position must be asked about pre-employment testing in the past two years. The driver must address any instances of:

• Testing positive or refusing to test on any Department of Transportation (DOT) pre-employment drug or alcohol test, and
• Not being hired in a safety-sensitive position by the employer.

If the employee admits to such a scenario, the motor carrier must not use the employee to perform safety-sensitive functions until it receives documented proof of successful completion of the return-to-duty process.

Note that violations occurring under Part 382 should be captured in the CDL Drug and Alcohol Clearinghouse, but you must nevertheless still ask the driver the question to satisfy 40.25(j). Violations occurring under another DOT mode will not be in the database, but these pre-employment testing violations follow the driver to the highway mode and must be addressed.