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What is a DOT 40.25 Background Check?

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.

Use this form for 40.25 compliance and DOT previous employer checks.

Visit our website for more information on DOT Compliance