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FOR YOUR INFORMATION |
FTA
Drug and Alcohol Regulation Updates |
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Information Release Required All employers covered under the DOT drug and alcohol testing regulations are required to make good faith efforts to obtain drug and alcohol testing records from safety-sensitive applicants’ previous DOT-covered employers for the previous two years. If employers subsequently find that an employee previously tested positive or violated a DOT rule, the employer may not assign the applicant safety-sensitive job duties until the employee has successfully completed the return-to-duty process as outlined in Part 40 Subpart O. This process was put into place to prevent rule violators from avoiding the consequences of the rule by job-hopping.  The success of this process is not only dependent on employers that aggressively pursue this information, but also on those DOT covered employers that release the information when it is requested. Consequently, the rule (§40.25(h)) requires all DOT-covered employers to provide drug and alcohol test information on previous employees when a request is accompanied by the previous employee’s consent. Many employers concerned about confidentiality and privacy have balked at this later requirement fearing potential suit. This fear is unfounded if the employer only releases information that is specifically detailed in the written consent from the employee and the information is released in a confidential manner. The release request should identify the employer by name, the specified time period, and the specific information to be released. Copies of actual test results or federal Custody and Control forms to support employer responses are not required. However, if an employee tested positive or violated the rule during the time frame indicated, the employer must release documentation of the employee’s successful completion of a DOT return-to-duty process, if appropriate. DOT covered employers that do not release information when requested are in direct violation of the rule. National Database of Rule Violators Not Practical Congress directed the Department of Transportation (DOT) to investigate the feasibility of creating a national database to house information concerning the positive drug testing records of commercial drivers. The request came following the aftermath of a high profile, fatal, charter bus accident that was due in part to a driver that had been able to avoid the repercussions of repeated DOT drug test rule violations by job-hopping. The driver was able to hide previous positive test results from potential employers. All DOT covered employers (including FTA covered employers) are required to obtain consent from applicants allowing their previous DOT covered employers to release their drug and alcohol test results for the previous two year period [40.25]. If the information indicates a rule violation, the employee cannot be assigned safety-sensitive duties until the DOT return-to-duty process has been completed. A driver, however, can easily withhold employment history information and the employer has no way to ascertain if the information provided is correct and/or complete. The extent of this practice is unknown, but the public safety implications are significant. Congress requested that the DOT investigate the possibility of requiring Medical Review Officers (MRO) to report positive results to a national database for all commercial driver’s license holders. Employers would then have the ability to access the database to view an applicant’s previous drug test results and would be able to make a hiring decision based on complete information. Kenneth Rogers of the Enforcement and Compliance Office at the Federal Motor Carrier Safety Administration (FMCSA) indicated that the preliminary results of the study effort indicate that the development of a national database and MRO reporting of test results is not practical at this time. The stumbling blocks cited include limited financial resources of the FMCSA to establish the program and a lack of interest by the states to manage the database. Another major concern is confidentiality. |
Where to Find? .....
Conforming Products List Note: This list will be updated periodically. Non-evidential Testing Devices Note: This list will be updated periodically.
The information presented on this page should be used to update Chapter 2 of the Implementation Guidelines. |