• Three separate regulations for obtaining DOT drug and alcohol history apply to employers.

Employers are required to obtain Department of Transportation (DOT) drug and alcohol test information from prospective drivers’ previous DOT-regulated employers. This previous-employer check is required in three separate regulations:

Section 40.25(b) applies to DOT drug and alcohol history for employees hired in a safety-sensitive position for any DOT mode requiring testing (highway, air, rail, maritime, transit, and pipeline).

Sections 382.413 and 382.701(a) apply to Federal Motor Carrier Safety Administration (FMCSA) drug and alcohol testing of drivers hired to operate commercial motor vehicles (CMVs) requiring a commercial driver’s license (CDL). These regulations refer to the requirements in 40.25(b). Section 382.701(a) is effective for all FMCSA safety-sensitive position applicants beginning January 6, 2020.

As of January 6, 2023, motor carriers must use the CDL Drug and Alcohol Clearinghouse in accordance with 382.701(a) as the sole means of complying with the requirements of 40.25 with respect to FMCSA-regulated employers.

The safety performance history records request (391.23) no longer contains the DOT drug and alcohol history as of January 6, 2023. However, a new or prospective employer who is subject to Part 382 is not in violation if they ask a previous motor carrier employer about a prospective driver’s drug and alcohol history. FMCSA does not prohibit this inquiry. This is an instance when it is permissible for an employer to go above the minimum regulatory requirements. The prospective employer is not limited to checking the Clearinghouse. However, any response from the former FMCSA employer to a new or prospective FMCSA employer is voluntary.

However, when an employee who is subject to follow-up testing has not successfully completed all follow-up tests, employers must request the employee’s follow-up testing plan directly from the previous employer in accordance with 40.25(b)(5).

If an applicant was subject to an alcohol and controlled substance testing program under the requirements of a DOT Agency other than FMCSA, the employer must request the alcohol and controlled substances information required under this section and 40.25 directly from those employers regulated by a DOT Agency other than FMCSA. A DOT testing violation under a mode other than FMCSA follows the driver to the highway mode and restricts the driver from operating a CMV until the necessary return-to-duty steps are completed. See 382.501.