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Forwarding of Information Received from Past Employers (to Gaining Employer)

September 1, 2001

DER/Employer, Third-Party Administrator

Previous Employer Checks

When a previous employer receives an inquiry from a new employer for drug and alcohol testing information, does the previous employer provide information it may have received from other employers in the past?

Answer
  • As an employer, when you receive an inquiry about a former employee, you must provide all the information in your possession concerning the employee’s DOT drug and alcohol tests that occurred in the two years preceding the inquiry.
  • This includes information you received about an employee from a former employer (e.g., in response to the Federal Motor Carrier Safety Administration’s pre-employment inquiry requirement).
  • It is not a violation of Part 40 or DOT agency rules if you provide, in addition, information about the employee’s DOT drug and alcohol tests obtained from former employers that dates back more than two years ago.
  • If you are an employer regulated by the FAA, this does not impact your requirements under the Pilot Record Act.
Question

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