Ask X3What does 49 CFR 382.413 (Inquiries for alcohol and controlled substances information from previous employers) require?
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Based on 49 CFR 382.413, as a motor-carrier owner, you must follow these requirements when inquiring about a driver's previous alcohol and controlled substances information:
* General Rule: You must request this information from previous employers following the requirements in § 391.23(e).
* Use the Clearinghouse: As of January 6, 2023, you must use the Drug and Alcohol Clearinghouse (in accordance with § 382.701(a)) to meet these requirements for applicants coming from FMCSA-regulated employers.
* Exception for Follow-Up Testing: If an applicant is subject to a follow-up testing plan and has not successfully completed all of those tests, you cannot just use the Clearinghouse. You must request the follow-up testing plan directly from the previous employer under § 391.23(e)(4)(i).
* Non-FMCSA DOT Employers: If the applicant was under an alcohol and controlled substance testing program from a Department of Transportation (DOT) Agency *other* than the FMCSA, you must request the required information directly from those previous employers.