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A motor carrier must to obtain drug and alcohol test information from a prospective driver’s previous non-FMCSA DOT-regulated employers. The Federal Motor Carrier Safety Regulations (FMCSRs) are specific when it come to the type of information that must be obtained and how a motor carrier must obtain this information.
These regulations apply to motor carriers that operate a commercial motor vehicle (CMV) requiring a commercial driver’s license (CDL) in interstate, intrastate, or foreign commerce.
A motor carrier must, after obtaining a driver’s written permission, ask for the following information from all of the driver’s non-FMCSA DOT-regulated employers for the past three years:
All of the driver’s non-FMCSA DOT-regulated employers for the past three years must release this information upon receiving the driver’s written permission.
The information obtained from a previous employer must:
The company that provides the driver’s drug and alcohol information must:
Pre-employment test inquiry. The motor carrier must also ask drivers whether they have tested positive or refused to test, on any pre-employment test for any employer to which they applied, but did not obtain, safety-sensitive transportation work covered by DOT agency drug and alcohol testing rules during the past two years.
If the driver admits to testing positive or refusing a test, the driver may not perform any safety-sensitive functions until a successful completion of the return-to-duty process is documented.
FMCSA Drug and Alcohol Clearinghouse. As of January 6, 2023, motor carriers must use the Drug and Alcohol Clearinghouse to comply with the requirements for FMCSA former employers.
Record retention. The motor carrier requesting the driver’s drug and alcohol information must keep a written, confidential record of all information it receives or of the good faith efforts made to obtain the information. This information must be kept for three years from the date the driver first performs a safety-sensitive function.