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:
A “wet signature” that authorizes the release of this information must be obtained from the employee. Digital or “typed” signatures should not be accepted.
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.
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, 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.
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.
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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.
The landscape of compliance is continually evolving, and being aware of the latest trends can help your business remain compliant and competitive. Here are the key trends shaping DOT compliance this year.
Adoption of technology, such as electronic logging devices (ELDs) and advanced fleet management software, is significantly enhancing DOT compliance processes.
Updates to safety regulations, such as the FMCSA’s Drug and Alcohol Clearinghouse regulations, highlight the importance of maintaining high safety standards.
More stringent environmental regulations are prompting transportation companies to adopt greener practices and reduce their carbon footprint.
Ongoing training programs are essential for keeping employees informed and compliant with DOT regulations.
Leveraging data allows transportation companies to identify potential compliance issues before they become major problems.
By embracing these trends, transportation businesses can ensure they remain compliant and competitive in 2025.
For more insights and tools to improve your compliance, contact us today to learn more about Spark TS
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Spark TS is a leader in offering safety and compliance software and services solutions for the railroad and transportation industries. Spark TS set the standards for FRA and DOT compliance with Rail Tasker™, a railroad mobile application for building safer work environments including operations testing, safety alert briefings, training, and are industry experts in CFR Part 40 DOT Workplace Drug and Alcohol Testing Programs.