49CFR40.25. Prepared by Wendy McDowell C-DAPA-A Presented by The GBSP www.TheGBSP.com. WHO…. Who is responsible to participate in 49CFR40.25? . ALL DOT Modes. What is our role as the “new employer”.
Prepared by Wendy McDowell C-DAPA-A
Presented by The GBSP
Who is responsible to participate in 49CFR40.25?
40.25(a) Does require employers to obtain written consent from the perspective employee to request information from their previous DOT employers. Depending on the DOT modal agency the request can go back 2 to 5 years.
What if the prospective employee refuses to give consent? You must NOT allow them to perform safety sensitive functions for your company.
Can I ask the perspective employee to sign a blanket release for past records?
NO….40.25 requires the release to be employee, employer and time-period specific.
If possible you need to obtain and review the testing history “before” the employee first performs safety-sensitive functions for you.
HOWEVER….If this is not feasible you must obtain the records and review the information at the first opportunity.
Good faith is defined as:
“Good faith is an abstract and comprehensive term that encompasses a sincere belief or motive without any malice or the desire to defraud others.
Good faith efforts to obtain drug and alcohol testing records means that you have made more than one attempt in various ways.
I.E. 3/1/2010- Sent first request via fax
3/7/2010- Second request made phone call
3/15/2010- Third attempt via certified mail
The records check shows that the employee violated DOT rules?
Suggested Format: “Release of Information Form -- 49 CFR Part 40 Drug and Alcohol Testing”
Section I. To be completed by the new employer, signed by the employee, and transmitted to the previous employer:
Employee Printed or Typed Name: ________________________________Employee SS or ID Number: ___________________________
I hereby authorize release of information from my Department of Transportation regulated drug and alcohol testing records by my previous employer, listed
Section I-B, to the employer listed in Section I-A.
This release is in accordance with DOT Regulation 49 CFR Part 40, Section 40.25. I understand that information to be released in
Section II-A by my previous employer, is limited to the following DOT-regulated testing items:
Alcohol tests with a result of 0.04 or higher;
Verified positive drug tests;
Refusals to be tested;
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.
Employee Signature: Date:
Section II. To be completed by the previous employer and transmitted by mail or fax to the new employer:
II-A. In the two years prior to the date of the employee’s signature (in Section I), for DOT-regulated testing ~
alcohol testing regulations? YES/NO
violation to you? YES/NO
New Employer Name: __________________________________________ Address:/City/State: _______________________________________________________________________
Designated Employer Representative: ________________________________________________________________
I-B. Fax #
Previous Employer Name: ___________________________________ Address/City/State:___________________________________
Designated Employer Representative (if known):
What is our role as a previous employer? record of employees it is intending to use to perform safety-sensitive duties?
You must receive written authorization from the employee to release the records and specifically to whom the records are to be released.
As a previous employer you must release information under this section in any written form (i.e. fax, email, letter) that ensures confidentiality
February 12, 2014
FMCSA Proposes National Drug and Alcohol Testing Clearinghouse for Commercial Truck and Bus Drivers
If you hire pilots the background check requirements are 5 years versus 2 years!
Stick around for a quick PRIA overview!