Previous employer DOT drug and alcohol test information

Scope

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.

Regulatory citations

• 49 CFR 40.25 — Must an employer check on the drug and alcohol testing record of employees it is intending to use to perform safety-sensitive duties?
• 49 CFR 382.413 — Inquiries for alcohol and controlled substances information from previous employers

Key definitions

• Commercial driver’s license (CDL): A license issued to an individual by a state or other jurisdiction of domicile, in accordance with the standards contained in 49 CFR 383, to an individual which authorizes the individual to operate a class of a commercial motor vehicle.
• Commercial motor vehicle (CMV): A motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle is a:
  • Combination Vehicle (Group A) — Having a gross combination weight rating (GCWR) or gross combination weight (GCW) of 26,001 pounds or more, whichever is greater. The towed unit(s) must have a gross vehicle weight rating (GVWR) or gross vehicle weight (GVW) of more than 10,000 pounds, whichever is greater; or
  • Heavy Straight Vehicle (Group B) — Having a GVWR or GVW of 26,001 pounds or more, whichever is greater; or
  • Small Vehicle (Group C) — Does not meet Group A or B requirements but is either:
    • Designed to transport 16 or more passengers, including the driver; or
    • Of any size and is used in the transportation of hazardous materials as defined in 383.5.

Summary of requirements

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:

• Alcohol tests with a result of 0.04 or higher alcohol concentration;
• Verified positive, adulterated, or substituted drug tests;
• Refusals to be tested;
• Other violations of DOT agency drug and alcohol testing regulations;
• If the driver violated a DOT drug and alcohol regulation, documentation of the driver’s successful completion of DOT return-to-duty requirements including follow-up tests; and
• If the driver violated a DOT drug and alcohol regulation and successfully completed the return-to-duty requirements (and remained in the employ of the referring employer), documentation that the driver did not have a subsequent alcohol test result of 0.04 or greater, a verified positive drug test, or refuse to be tested.

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:

• Include any drug or alcohol test information from other previous employers within the past three years.
• Be in a form that ensures confidentiality (personal interview, telephone interview, letter).
• If possible, be obtained and reviewed by the motor carrier before the driver performs any safety-sensitive functions.
  • If this is not possible, the motor carrier must obtain and review this information as soon as possible.
  • If the motor carrier has not obtained the information and has not made and documented a good faith effort to obtain the information within 30 days, the driver must be removed from all safety-sensitive functions.
  • If the driver refuses to give written permission to obtain the information, the employer may not allow him/her to perform any safety-sensitive functions.
• Place the information in the DOT drug and alcohol file within 30 days of the date the driver’s employment begins.

The company that provides the driver’s drug and alcohol information must:

• Keep a written record of the information released including:
  • Date,
  • The party to whom the information was released, and
  • A summary of the information provided.

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.