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Compliance Tip: Previous Employer Drug & Alcohol Testing Changes?

On January 6, 2023 will an employer need to contact a prospective employee’s previous employer to obtain their drug and alcohol history?

No. On January 6, 2023, three years of violation data will be stored in the FMCSA Drug & Alcohol Clearinghouse. Prospective employers will no longer have to conduct manual inquiries with a CDL driver’s previous employers; the prospective employer’s query of the Clearinghouse will satisfy that requirement. However, if a prospective employee was subject to drug and alcohol testing by a Department of Transportation (DOT) mode other than the Federal Motor Carrier Safety Administration (e.g., Federal Railroad Administration, Federal Transit Administration, Federal Aviation Administration, etc.), prospective employers will still have to request drug and alcohol violation information from those DOT-regulated employers since that information is not be reported to the Clearinghouse. This will not exclude the requirement of the background check.


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