Skip to main content
Drug and Alcohol Testing

DOT Previous Employer Records Request - 40.25

Do I need to verify a DOT 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. This includes a look back at any DOT-regulated company that employed the person during the past two years. You must also ask the employee whether he or she has tested positive, or refused to test, on any pre-employment drug or alcohol test administered by a DOT regulated employer to which the employee applied for, but did not obtain, during the past two years.

If the employee admits that he or she had a positive test or a refusal to test, or if you obtain information that the employee has violated a DOT agency drug and alcohol regulation, you must not use the employee to perform safety-sensitive functions for you, until and unless the employee documents successful completion of the return-to-duty process. Please note, other regulations have additional certification, safety, or look back requirements. For example, FMCSA requires a three-year records check for drivers (391.23); FAA requires a five-year records check for pilots (PRIA); and FRA requires a five-year records check for locomotive engineers (240.119) and conductors (242.115).

Here are a few things to keep in mind:

  1. A “wet signature” that authorizes the release of this information must be obtained from the employee. Digital or “typed” signatures should not be accepted.

  2. Blanket releases are not permitted. The release 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.

  3. 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.

  4. If possible, obtain and review the testing history before the employee first performs safety-sensitive functions. 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.

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 use a service agent to provide the information to a gaining employer, the service agent cannot withhold the information pending payment. Service agents maintaining testing information for DOT regulated employers cannot disclose employee test information to other parties unless the employee provides a specific written consent to do so or as noted in 49 CFR Part 40.331.

Looking for solutions for your company?

Be sure to talk with us about our products, services, and pricing specifically for DOT regulated employers. We're offering FALL special too, assistance with five free 40.25 background checks per company. Hurry, this offer expires on Halloween 2022! Contact us at

Spark TS Solutions and Services - Drug and Alcohol Testing

Our online tools significantly simplify drug and alcohol testing administration for the Designated Employer Representative (DER). We are experts in managing federally-mandated drug and alcohol programs including 49 CFR Part 219, 382, and 655.

Introducing Spark TS, our new name

c66840_92e409fe093341eeae70ea0a23acf863~mv2A few weeks ago, we announced a change in our company name. From now on, you can call us Spark TS!

Our rebranding decision was made to better reflect our strategic expertise and array of software and services for our railroad and contractor clients.

Latest Blogs

Navigating USDOT Compliance: A Guide for Small and Midsize Enterprises

For small to midsize businesses, understanding the labyrinth of the U.S. Department of Transportation (USDOT) regulations is as critical as it is challenging. These rules can seem like roadblocks, ...

Founder and CEO of Spark TS Honored with Prestigious Recognition in Railway Age’s 2023 Women in Rail

ST. PAUL, MN, USA , November 21, 2023/ -- Spark TS, a SaaS safety, compliance, and drug & alcohol testing company, announces that its founder and CEO, Katie Inouye, has been ...

Spark TS Launches FRA-approved Spanish Version of Roadway Worker Protection Training

ST. PAUL, MN, USA , August 22, 2023/ -- Spark TS, a SaaS safety, compliance, and drug & alcohol testing company, announced the release of the Spanish version of its Roadway ...

The ODAPC has published all 2024 DOT random drug testing rates

The chart below outlines the annual minimum drug and alcohol random testing rates established within DOT Agencies for 2024. Event 2024 Random Drug Testing Rate 2024 Random Alcohol Testing Rate ...