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Pre-Employment Testing

A motor carrier must conduct a pre-employment controlled substances test (and receive negative results) prior to allowing a new driver to drive, unless you use the following exemption:

Excerpt from §382.301 Pre-employment testing

(b) (1) The driver has participated in a controlled substances testing program that meets the requirements of this part within the previous 30 days; and

(2) While participating in that program, either:

(i) Was tested for controlled substances within the past 6 months (from the date of application with the employer), or

(ii) Participated in the random controlled substances testing program for the previous 12 months (from the date of application with the employer); and

(3) The employer ensures that no prior employer of the driver, of whom the employer has knowledge, has records of a violation of this part or the controlled substances use rule of another DOT agency within the previous 6 months.

(c) (1) An employer who exercises the exception in paragraph (b) of this section shall contact the controlled substances testing program(s) in which the driver participates or participated and shall obtain and retain from the testing program(s) the following information:

(i) Name(s) and address(es) of the program(s).

(ii) Verification that the driver participates or participated in the program.

(iii) Verification that the program(s) conforms to part 40 of this title.

(iv) Verification that the driver is qualified under the rules of this part, including that the driver has not refused to be tested for controlled substances.

(v) The date the driver was last tested for controlled substances.

(vi) The result of any tests taken within the previous six months and any other violations of subpart B of this par

A motor carrier may, but is not required to, conduct pre-employment alcohol tests. If you choose to conduct pre-employment alcohol tests, you must comply with the rules in Section 382.301 and Part 40.

Effective August 9, 2001, FMCSR §40.25(j) states that a prospective employer must ask the applicant whether he/she has tested positive, or refused to test, on any pre-employment drug or alcohol test administered by an employer to which the applicant applied for, but did not obtain, safety-sensitive transportation work covered by DOT agency drug and alcohol testing rules during the past two years. If the applicant admits that he/she had a positive test or refused to test, a carrier must not use him/her to perform safety-sensitive functions, until and unless the applicant documents successful completion of the return-to-duty process. These questions have been incorporated into Form 2-1“Application for Employment”, to comply with this regulation.

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