§FMCSR.com
Historical textIn force on Jan. 17, 2017Source: eCFR

§ 382.413 Inquiries for alcohol and controlled substances information from previous employers.

Wording effective January 17, 2017, superseded November 18, 2024.

eCFR as of January 17, 2017 ↗
What changedJan. 1, 2017 wording → Jan. 17, 2017 wording+175 added−18 removedHide

Link(a) toEmployers anmust amendmentrequest publishedalcohol atand 81controlled FRsubstances 87725,information Decfrom previous employers in accordance with the requirements of § 40.25 5of this title, 2016.
Employersexcept shallthat the employer must request alcoholinformation from all DOT-regulated employers that employed the driver within the previous 3 years and controlledthe substancesscope 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 employersemployer 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]

49 CFR § 382.413 — Inquiries for alcohol and controlled substances information from previous employers.. Text in force on January 17, 2017. This wording effective January 17, 2017 to November 18, 2024. Source: eCFR as of January 17, 2017, https://www.ecfr.gov/on/2017-01-17/title-49/section-382.413. Retrieved from FMCSR.com, https://fmcsr.com/reg/382.413?asof=2017-01-17, on October 26, 2026. Unofficial compilation; verify against the official source.

(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]

Amendment history

5 distinct wordings on file since Oct. 1, 1996
  1. Nov. 18, 2024 → presenteCFR, day-precisediff vs. previous
    [89 FR 90619, Nov. 18, 2024]
  2. Jan. 17, 2017 → Nov. 18, 2024eCFR, day-precisediff vs. previousviewing
    [81 FR 87725, Dec. 5, 2016]
  3. Jan. 1, 2017 → Jan. 17, 2017eCFR, day-precisediff vs. previous
  4. Oct. 1, 2001 → Jan. 1, 2017annual editions 2001–2016diff vs. previous
  5. Oct. 1, 1996 → Oct. 1, 2001annual editions 1996–2000

A new entry appears whenever the regulatory words change between government snapshots. Day-precise from the eCFR (2017 onward); before that, one snapshot per annual CFR edition (revised as of October 1). Bracketed citations are the Federal Register history printed with the section.