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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”.

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49cfr40 25

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?

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All dot modes
ALL DOT Modes

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Must an employer check on the drug and alcohol testing record of employees it is intending to use to perform safety-sensitive duties?

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Simon says yes
Simon says…YES record of employees it is intending to use to perform safety-sensitive duties?

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.

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What records do i need
What records do I need? record of employees it is intending to use to perform safety-sensitive duties?

40.25(b)

  • Alcohol tests with a result of .04 or higher alcohol concentration

  • Verified positive drug tests;

  • Refusals to be tested (including verified adulterated/substituted drug tests;

  • Other violations of DOT agency drug and alcohol regulations and;

  • With respect to any employee who violated a DOT regulation- documentation of successful completion of the return to duty process.

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Blanket release
Blanket Release record of employees it is intending to use to perform safety-sensitive duties?

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.

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When do these records need be received
When do these records need be received? record of employees it is intending to use to perform safety-sensitive duties?

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.

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How long do i have to receive and review the records
How long do I have to receive and review the records? record of employees it is intending to use to perform safety-sensitive duties?

  • 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 the records OR made and documented a good faith effort to obtain, the information from previous employers.

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What is good faith
What is “Good Faith” record of employees it is intending to use to perform safety-sensitive duties?

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.

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Good faith cont
Good Faith cont. record of employees it is intending to use to perform safety-sensitive duties?

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

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What if
What if…. record of employees it is intending to use to perform safety-sensitive duties?

The records check shows that the employee violated DOT rules?

  • You must make sure the employee has successfully completed the DOT return to duty process before permitting them to perform safety sensitive duties.

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What are you asking for
What are you asking for? record of employees it is intending to use to perform safety-sensitive duties?

  • For ALL DOT modes you must ask for drug and alcohol records for the past 2 years

  • THE EXCEPTIONS:

    • FMCSA- You must request a 3 year history

    • FAA Pilots are the exception! You must request records for the past 5 years!

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Section 1
Section 1 record of employees it is intending to use to perform safety-sensitive duties?

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:

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Section ii
Section II record of employees it is intending to use to perform safety-sensitive duties?

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 ~

  • Did the employee have alcohol tests with a result of 0.04 or higher? YES/NO

  • Did the employee have verified positive drug tests? YES /NO

  • Did the employee refuse to be tested? YES /NO

  • Did the employee have other violations of DOT agency drug and

    alcohol testing regulations? YES/NO

  • Did a previous employer report a drug and alcohol rule

    violation to you? YES/NO

  • If you answered “yes” to any of the above items, did the employee complete the return-to-duty process? N/A YES NO

  • NOTE: If you answered “yes” to item 5, you must provide the previous employer’s report. If you answered “yes” to item 6, you must also transmit the appropriate return-to-duty documentation (e.g., SAP report(s), follow-up testing record).

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Section iia and b
Section IIA and B record of employees it is intending to use to perform safety-sensitive duties?

I-A.

New Employer Name: __________________________________________ Address:/City/State: _______________________________________________________________________

 Phone #:_______________________________________________________

Designated Employer Representative: ________________________________________________________________

I-B. Fax #

Previous Employer Name: ___________________________________ Address/City/State:___________________________________

Phone #:

Designated Employer Representative (if known):

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What is our role as a previous employer? record of employees it is intending to use to perform safety-sensitive duties?

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Release of records
Release of records 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

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Fmcsa update
FMCSA Update record of employees it is intending to use to perform safety-sensitive duties?

February 12, 2014

FMCSA Proposes National Drug and Alcohol Testing Clearinghouse for Commercial Truck and Bus Drivers

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Pria requirement
PRIA- Requirement record of employees it is intending to use to perform safety-sensitive duties?

If you hire pilots the background check requirements are 5 years versus 2 years!

Stick around for a quick PRIA overview!

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Thanks for joining us
Thanks for joining us! record of employees it is intending to use to perform safety-sensitive duties?

If you have any questions please contact us at:

TheGBSP

720.775.7635

[email protected]

www.TheGBSP.com

www.theGBSP.com


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