Question A: How do you check the Drug Testing and Employment Drug Testing History of a potential driver?

Answer: As far as Drug Testing History of a potential driver, AADT has provided our clients with the Form 114 Driver Request and Authorization for Release of Information (located in Section 6 for your binder or online on our website www.aadrugtesting.com/services/ but you must login first).Form 114 should be filled out by the potential new hire and then submitted to the past or previous employer to be completed and returned to your business. Our suggestion is always do your due diligence and make sure to document all attempts at getting this form filled out and included in the drivers file. It can be a difficult task to accomplish as previous employers can use many excuses to not cooperate with this process. It is also one of the main reasons the new drug testing information clearinghouse program is being implemented by the DOT. See related story on page 40.

Pre-employment Testing

There are also other requirements that an employer will need to follow prior to hiring a driver, such as asking the driver about any previous positive tests or refusals and preforming a pre-employment tests.

In Section 3 of your Compliance Manual “What to do When,” Form A, we have a “Pre-Employment Testing” guide. In Step 3 of this guide, it directs a perspective employer to ask if the driver has ever refused a test or tested positive for drugs or alcohol. The client is then directed to Section 6 of the binder and use Form 104 “Pre-employment Testing Verification” for the driver to attest in writing that he/she has never refused a test or tested positive. Once this is done, proceed with the normal pre-employment testing process laid-out in the manual.

Note that Employment History and Background Checks are slightly different

The regulations currently state in section §391.23 of Title 49 of the Code of Federal Regulations (CFR), “Investigations and Inquiries,” sets forth each motor carrier’s responsibilities to inquire into the driving record and investigate the employment history of each prospective new driver. The investigations are to obtain the driver’s employment history from the driver’s previous employers during the preceding three years. The inquiries are to obtain the driver’s driving records from each State in which the driver held a motor vehicle operator’s license or permit during the preceding three years.

These investigations and inquiries must be completed within 30 days of hiring the new employee, or the employer must have documentation of a good faith effort to complete them. Currently, there is no specification in the FMCSRs for what minimum information must be investigated, nor is there a requirement for previous employers to provide that information to prospective motor carrier employers when requested. Consequently, many former employers decline to respond to employment investigations, while others – for fear of litigation – merely verify that the driver worked for the carrier and provide the driver’s dates of employment.