If you would help or would like for Mobile Occupational Services to obtain this information for you, please contact us today at 760-244-6886.
Do I need to verify an employee’s prior drug and alcohol testing history?
Yes! Before you hire or transfer someone into a safety-sensitive position, you must check the person’s DOT drug and alcohol testing history. You need to check with any DOT-regulated company that employed the person during the past two years – unless you are regulated by FMCSA, FAA, or FRA. FMCSA requires a three-year records check for drivers; FAA requires a five-year records check for pilots; and FRA requires a five-year records check for locomotive engineers.
You must get the person’s written consent to seek the information from other employers. The person must list all previous and current employers within the last two, three, or five years, as appropriate. If the person doesn't’t do so, or refuses to sign the consent form, you cannot allow the person to perform safety-sensitive functions.
Keep in mind that the consent must be a specific release authorizing the new employer to receive testing information from a specific former or current employer about a specific employee. It cannot be a ―blanket‖ release: For example, it cannot have multiple employers on one release form; it must be employee-specific; it must be employer-specific; and it must be time-period specific.
Also, the consent cannot be part of another DOT requirement such as a motor vehicle check, credit history, or criminal background check. The consent needs to be an original signed form for each identified DOT regulated employer needing to provide testing information.
If possible, you must obtain and review the testing history before the employee first performs safety-sensitive functions for you. 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, the information from previous employers.
If the information you receive shows that the person violated DOT rules, you must make sure that the employee has successfully completed the DOT return-to-duty process before permitting the person to perform safety-sensitive duties.
The requirements for these releases are in 49 CFR Part 40 Section 40.25. For a sample employee 40.25 consent form, see Appendix E.
Can I use a service agent to help obtain or provide an employee’s prior drug and alcohol testing history?
Yes. You may use a service agent to help with this information. If you use a service agent to obtain the information on your behalf, the service agent must also be identified on the release form along with your employer identifying information.
If you would help or would like for Mobile Occupational Services to obtain the information for you, please contact us today at 760-244-6886.
The portion above is taken from the US DOT Office of Drug and Alcohol Policy and Compliance Manual - "What Employers Need To Know About DOT Drug and Alcohol Testing" pg. 24-35.