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(b) 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. The Clearinghouse query is due at time of hire before performing a safety-sensitive function for the first time.
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 within the previous three years, the employer must request the alcohol and controlled substances information required under 382.701 and 40.25 directly from those employers regulated by a DOT Agency other than FMCSA.
If feasible, you must obtain and review this information before the employee first performs safety-sensitive functions. If this is not feasible, you must obtain and review the information as soon as possible. However, you must not permit the employee to perform safety-sensitive functions after 30 days from the date on which the employee first performed safety-sensitive functions, unless you have obtained or made and documented a good faith effort to obtain this information.