49CFR40.25
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49CFR40.25 Prepared by Wendy McDowell C-DAPA-A Presented by The GBSP www.TheGBSP.com
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49CFR40.25. Prepared by Wendy McDowell C-DAPA-A Presented by The GBSP www.TheGBSP.com. WHO…. Who is responsible to participate in 49CFR40.25? . ALL DOT Modes. What is our role as the “new employer”. - PowerPoint PPT Presentation
Transcript of 49CFR40.25
49CFR40.25Prepared by Wendy McDowell C-DAPA-A
Presented by The GBSPwww.TheGBSP.com
WHO…..
Who is responsible to participate in 49CFR40.25?
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ALL DOT Modes
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MODE Applicable CFRFAA 14CFR120FTA 49CFR655
FMCSA 49CFR382PHMSA 49CFR199
FRA 49CFR219
What is our role as the “new employer”
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Must an employer check on the drug and alcohol testing record of employees it is intending to use to perform safety-sensitive duties?
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Simon says…YES40.25(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.
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What records do I need?40.25(b)1. Alcohol tests with a result of .04 or higher
alcohol concentration2. 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.
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Blanket ReleaseCan 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.
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When do these records need be received?
If possible you need to obtain and review the testing history “before” the employee first performs safety-sensitive functions for you.
HOWEVER….If this is not feasible you must obtain the records and review the information at the first opportunity.
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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.
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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.
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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
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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.
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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 historyFAA Pilots are the exception! You must
request records for the past 5 years!
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Section 1Suggested 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:
Section IISection 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? YES/NO 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
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).
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Section IIA and BI-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):
What is our role as a previous employer?
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Release of recordsYou 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
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FMCSA UpdateFebruary 12, 2014
FMCSA Proposes National Drug and Alcohol Testing Clearinghouse for Commercial Truck and Bus Drivers
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PRIA- RequirementIf you hire pilots the background check requirements are 5 years versus 2 years!
Stick around for a quick PRIA overview!
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Thanks for joining us!If you have any questions please contact us at:
TheGBSP720.775.7635
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