DOT drug testing

Aaron H

Good Morning:

My company has employees who hold Commercial Driver's Licenses and must be randomly tested per DOT regulations. I was recently told that all employers who must conduct random drug testing are required to ask new hire's previous employers for information on drug testing for the previous 2 years. Is this true? We already ask on our applications if they have tested positive in the past 2 years. If this is true, does anyone have a form I could use to comply? I appreciate any help.

Thanks
Aaron

Gar

[font size="1" color="#FF0000"]LAST EDITED ON 02-14-02 AT 03:42PM (CST)[/font][p]You are correct. We are in the process of implementing a random testing procedure and I understand that all DOT (Department of Transportation) employers are required to check on the drug and alcohol testing background of new hires and other employees beginning safety-sensitive work. Employers are required to get written consent from applicants. The employer must send the request for information and the employee's consent to all other DOT-regulated employers for whom the employee had worked within the previous 2 years. Moreover, the employer cannot let the employee perform safety-sensitive duties for more than 30 days unless the employer has obtained, or made and documented a good faith effort to obtain the information. If the employer finds that an employee has a violation on his record and has not completed the return-to-duty process, the employer must immediately stop using the employee to perform safety-sensitive functions. DOT employers are required to provide the information when requested. Lastly, employers must ask job applicants if they have previously failed or refused a DOT drug or alcohol pre-employment test within the previous 2 years. Research DOT regulation 49 CFR Part 40. Hope this helps.

Aaron H

Thanks Gar. It does help. Do you have a specific form you use to contact previous employers about testing history? If so, where did you get it?
J.J. Keller?

Thanks,
Aaron

Gar

We haven't authored a form because our random testing procedure hasn't been blessed by our higher ups as yet. Once they do, we'll put one in place. Such a form isn't difficult to write. I haven't seen anything in the regs that prescribes a particular format for the form, so I guess it's okay to come up with one of your own. That's what we plan to do.

Aaron H

Thanks Gar. Good luck.

Aaron

WOCO Frank

If you'll provide your fax number I will fax you a copy of our form.

Aaron H

Frank:
My fax number is 715 874-6717. Please send it to my attention. Thanks a lot.

Aaron