Transcript Title

Prepared by Wendy McDowell C-DAPA-A
Presented by The GBSP
www.TheGBSP.com
WHO…..
Who is responsible to participate
in 49CFR40.25?
www.theGBSP.com
ALL DOT Modes
MODE
Applicable CFR
FAA
14CFR120
FTA
49CFR655
FMCSA
49CFR382
PHMSA
49CFR199
FRA
49CFR219
www.theGBSP.com
What is our role as the
“new employer”
www.theGBSP.com
Must an employer check on the drug and alcohol
testing record of employees it is intending to use to
perform safety-sensitive duties?
www.theGBSP.com
Simon says…YES
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.
www.theGBSP.com
What records do I need?
40.25(b)
1. Alcohol tests with a result of .04 or higher alcohol
concentration
2. Verified positive drug tests;
3. Refusals to be tested (including verified
adulterated/substituted drug tests;
4. Other violations of DOT agency drug and alcohol
regulations and;
5. With respect to any employee who violated a
DOT regulation- documentation of successful
completion of the return to duty process.
www.theGBSP.com
Blanket Release
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.
www.theGBSP.com
When do these records need be
received?
If possible you need to obtain and review the testing
history “before” the employee first performs safetysensitive functions for you.
HOWEVER….If this is not feasible you must obtain the
records and review the information at the first
opportunity.
www.theGBSP.com
How long do I have to receive and
review the records?
 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.
www.theGBSP.com
What is “Good Faith”
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.
www.theGBSP.com
Good Faith cont.
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
www.theGBSP.com
What if….
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.
www.theGBSP.com
What are you asking for?
 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!
www.theGBSP.com
Section 1
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:
www.theGBSP.com
Section II
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?
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
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).
www.theGBSP.com
Section IIA and B
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):
www.theGBSP.com
What is our role as a previous
employer?
www.theGBSP.com
Release of records
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
www.theGBSP.com
FMCSA Update
February 12, 2014
FMCSA Proposes National Drug and Alcohol
Testing Clearinghouse for Commercial Truck and
Bus Drivers
www.theGBSP.com
PRIA- Requirement
If you hire pilots the background check
requirements are 5 years versus 2 years!
Stick around for a quick PRIA overview!
www.theGBSP.com
Thanks for joining us!
If you have any questions please contact us at:
TheGBSP
720.775.7635
[email protected]
www.TheGBSP.com
www.theGBSP.com