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• Check of Employees Previous Drug and Alcohol Testing Records

Check of Employees Previous Drug and Alcohol Testing Records

49 CFR Part 40.25 requires employers to check on the previous two-years of drug and alcohol testing background of new hires and other employees beginning safety-sensitive work. Employers need the written consent of the applicant / employee to obtain these records. To assist employer compliance with this records check requirement, the Department suggests a format for obtaining the information. The recommended format is available below.

[PLEASE NOTE: There are two exceptions to the two-year records requirement. Employers covered under FMCSA regulations must seek three years of previous testing records. For employers seeking pilot information under the Pilot Records Improvement Act (PRIA), this is a five-year requirement.]

Documents/Publications

• Suggested Format: "Release of Information Form -- 49 CFR Part 40 Drug and Alcohol Testing" .