DOT Testing Records

Safety-sensitive positions often have specific background check requirements depending on the industry. DOT testing history applies to those in safety-sensitive positions who are under DOT regulations. Employers are required to obtain drug and alcohol test history information to meet compliance standards and regulations.

When an applicant seeks a safety-sensitive position, they will be asked to consent to allow the new employer to obtain their drug and alcohol testing records. The process is as follows:

• Obtain written consent from applicants to release their drug and alcohol test records (if the employee does not consent, they cannot be hired for a safety-sensitive position)
• Obtain records from each previous employer within the last three years
• Employees can begin working for up to 30 days while their records process
  • (If records exceed the 30-day period, the employee can continue to work as long as the employer documents a good faith effort to obtain the records)

Employers must follow DOT regulations when requesting drug and alcohol testing history, so records must include:

• Alcohol tests with a result of 0.04 or higher
• Verified failed drug tests
• Refusals to test (including verified adulterated or substituted drug tests)
• If the applicant has been denied safety-sensitive positions in the past two years
• Documentation of DOT return-to-duty requirements, including follow-up tests (if applicable)

Under the DOT Rule 49 CFR Part 40, when a former employer receives an inquiry requesting DOT drug and alcohol testing history, they are required to do the following:

• Must provide all information in his/her possession concerning the employee’s DOT drug and alcohol tests that occurred within the two years preceding the inquiry
• This can include information they received about an employee from a former employer
• An employer can provide information about an employee’s DOT drug and alcohol tests that date back more than two years ago without being in violation of agency rules.

DISA will contact the previous employer once acquiring a release before beginning the investigation. Information provided through our search may include:

• Dates of employment
• Alcohol tests with a result of 0.04 or higher
• Verified positive drug tests
• Refusals to test
• Other violations of DOT agency drug and alcohol testing regulations
• Information obtained from previous employers of a drug and alcohol rule violation
• Documentation, if any, of completion of the return-to-duty process following a rule violation
• If Commercial Motor Vehicle (CMV) was driven and what type
• Reason employee left the company
• Accident information (date, location, # of injuries/fatalities)
• Hazardous spill information