Frequently Asked Questions

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As the employer, you must also ask the employee whether he or she has tested positive, or refused to test, on any pre-employment drug or alcohol test administered by an employer to which the employee applied for, but did not obtain, safety-sensitive transportation work covered by DOT agency drug and alcohol testing rules during the past two years.

Yes, Drug and alcohol record checks, or employment verification checks, are typically conducted as part of the pre-employment screening process for safety-sensitive positions regulated by the Department of Transportation (DOT). These checks are used to verify whether a job candidate has any previous drug or alcohol violations that could disqualify them from performing the job duties.

An employee who has a confirmed positive drug or alcohol test result must be immediately removed from performing safety-sensitive duties. 

 Employers must test an employee at least once during the calendar year for drugs and at least once during the calendar year for alcohol.

A DOT-regulated employer (except under USCG rules) wishing to conduct pre-employment alcohol testing under DOT authority may do so if certain conditions are met.

The testing must be accomplished for all applicants (i.e., the employer cannot select for testing some applicants and not others), and the testing must be conducted as a post-offer requirement (i.e., the employer needs to inform the applicant that he or she has the job if he or she passes a DOT alcohol test). 

In addition, the testing and its consequences must comply with the requirements of Part 40.