Code of Federal Regulations (Last Updated: July 5, 2024) |
Title 49 - Transportation |
Subtitle B - Other Regulations Relating to Transportation |
Chapter III - Federal Motor Carrier Safety Administration, Department of Transportation |
SubChapter B - Federal Motor Carrier Safety Regulations |
Part 382 - Controlled Substances and Alcohol Use and Testing |
Subpart D - Handling of Test Results, Records Retention, and Confidentiality |
§ 382.413 - Inquiries for alcohol and controlled substances information from previous employers.
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§ 382.413 Inquiries for alcohol and controlled substances information from previous employers.
Employers shall(a) Employers must request alcohol and controlled substances information from previous employers in accordance with the requirements of § 40.25 of this title, except that the employer must request information from all DOT-regulated employers that employed the driver within the previous 3 years and the scope of the information requested must date back 3 years.
(b) As of January 6, 2023, employers must use the Drug and Alcohol Clearinghouse in accordance with § 382.701(a) to comply with the requirements of § 40.25 of this title with respect to FMCSA-regulated employers. Exception: When an employee who is subject to follow-up testing has not successfully completed all follow-up tests, employers must request the employee's follow-up testing plan directly from the previous employer in accordance with § 40.25(b)(5) of this title.
(c) If an applicant was subject to an alcohol and controlled substance testing program under the requirements of a DOT Agency other than FMCSA, the employer must request the alcohol and controlled substances information required under this section and § 40.25 of this title directly from those employers regulated by a DOT Agency other than FMCSA.
[81 FR 87725, Dec. 5, 2016]