What does 49 CFR 40.25 (Must an employer check on the drug and alcohol testing record of employees it is intending to use to perform safety-sensitive duties?) require?

Short answer

An employer must check on the drug and alcohol testing record of employees it is intending to use to perform safety-sensitive duties, after obtaining the employee's written consent. The employer must request information from DOT-regulated employers who have employed the employee during the two years before the date of the employee's application or transfer.

The rule says

"Yes, as an employer, you must, after obtaining an employee's written consent, request the information about the employee listed in paragraphs (b) through (j) of this section." (49 CFR 40.25(a)(1))

"You must request the information listed in this paragraph (b) from DOT-regulated employers who have employed the employee during any period during the two years before the date of the employee's application or transfer" (49 CFR 40.25(b))

In plain English

This rule is about making sure employers know if a new hire has a history of drug or alcohol issues that could affect their ability to perform safety-sensitive duties. The employer needs to get the employee's consent, then ask previous employers about any drug or alcohol test results, refusals to be tested, or other violations of DOT regulations. If the employer doesn't get this information, they could be putting people at risk.

What to do

• Obtain the employee's written consent to request their drug and alcohol testing record.
• Request information from previous DOT-regulated employers who have employed the employee during the two years before the date of the employee's application or transfer.
• Review the information obtained and take appropriate action, such as not permitting the employee to perform safety-sensitive functions if they have a history of drug or alcohol issues.
• Document all efforts to obtain and review the employee's drug and alcohol testing record.