Previous Employer Records Request (§40.25)
All US DOT-regulated employers must make a good faith effort to obtain drug and alcohol testing records from other DOT-regulated employers, for all applicants seeking safety-sensitive positions.
As the employer, you must:
- Obtain the applicant’s written consent for release of information.
- Submit the applicant’s written consent along with a request for information to each DOT-regulated employer who has employed the applicant during any period within the previous two years. The following information must be requested:
- Alcohol tests with a result of 0.04 or higher alcohol concentration
- Verified positive drug tests
- Refusals to test (including verified adulterated or substituted drug test results)
- Other violations of DOT agency drug and alcohol regulations
• Maintain a confidential written record of the information you obtain or of the good faith efforts you made to obtain the information. A good faith effort is demonstrated by making follow-up telephone calls or sending a reminder notice.
• Ask the applicant if he/she has failed or refused a DOT pre-employment test in the previous two years.
- If yes, the applicant must provide documentation of successful completion of an SAP evaluation and prescribed treatment plan.
If you are requested to provide information regarding a previous employee and the employee has provided written consent, you are required to provide the requested information. The information must be released in a confidential manner, and you must maintain a written record of the information released.
If the applicant has violated a DOT drug or alcohol regulation, you must obtain documentation of successful completion of the DOT return-to-duty process.
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