['Drug and Alcohol Testing - DOT', 'Disabilities and ADA']

['Drug and alcohol recordkeeping - Motor Carrier', 'Disabilities and ADA', 'Pre-employment drug testing - Motor Carrier']

01/26/2023

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Can we ask CDL driver candidates about previously failed DOT pre-employment drug or alcohol tests (40.25(j)) on the driver-specific application?

...

Can we ask CDL driver candidates about previously failed DOT pre-employment drug or alcohol tests (40.25(j)) on the driver-specific application?

RegSense Fleet Safety Drug and Alcohol Testing - DOT Best Results FAQ Focus Area Disabilities and ADA Pre-employment drug testing - Motor Carrier English Drug and alcohol recordkeeping - Motor Carrier Transportation Disabilities and ADA USA

As a best practice, it’s recommended that employers avoid adding this question to the driver application. You want to steer clear of potential Americans with Disabilities Act (ADA) violations. Alcoholism is a disability and tests for alcohol are medical exams, so it could be seen as a medical inquiry.

Applicants may also have failed drug tests because they take legal drugs. And some drugs are used to help people ween off addiction. Since medical inquiries and medical exams may not be asked of an applicant before a job offer, including this on a job application is risky.

['Drug and Alcohol Testing - DOT', 'Disabilities and ADA']

['Drug and alcohol recordkeeping - Motor Carrier', 'Disabilities and ADA', 'Pre-employment drug testing - Motor Carrier']

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