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

(a)(1) AnEmployers employermust shall,request pursuantalcohol toand thecontrolled driver'ssubstances written authorization, inquire about the following information on a driver from the driver's previous employers, duringin theaccordance precedingwith two years from the daterequirements of application, which are maintained by the driver's previous employers under § 382391.40123(be)(1) (i) through (iii) of this subpart:.
(ib) AlcoholAs tests with a result of 0.04January alcohol6, concentration2023, oremployers greater;
(ii)must Verifieduse positivethe controlledDrug substancesand testAlcohol results;Clearinghouse and
(iii)in Refusalsaccordance towith be§ tested382.
701(2a) Theto informationcomply obtainedwith from a previous employer may contain any alcohol and drug information the previousrequirements employer obtained from other previous employers under paragraph (a)(1) of this§ section391.
23(be) Ifwith feasible,respect the information in paragraph (a) of this section must be obtained and reviewed by the employer prior to the first time a driver performs safetyFMCSA-sensitiveregulated functions for the employeremployers. IfException: notWhen feasible,an theemployee informationwho mustis besubject obtainedto and reviewed as soon as possible, but no later than 14follow-calendarup daystesting afterhas the first time a driver performs safety-sensitive functions for the employer. An employer may not permitsuccessfully acompleted driverall to perform safetyfollow-sensitiveup functionstests, afteremployers 14must daysrequest without having made a good faith effort to obtain the informationemployee's as soon as possible. If a driver hired or used by the employer ceases performing safetyfollow-sensitiveup functionstesting forplan thedirectly employerfrom before expiration of the 14-dayprevious period or before the employer has obtained the information in paragraphaccordance (a)with of§ this section, the employer must still make a good faith effort to obtain the information391.
23(ce) An employer must maintain a written, confidential record of the information obtained under paragraph (a4) or (fi) of this section.
(c) If, after making a good faith effort, an employerapplicant iswas unablesubject to obtainan thealcohol information from a previous employer, a record must be made of the efforts to obtain the information and retainedcontrolled insubstance thetesting driver'sprogram qualificationunder file.
(d) The prospective employer must provide to each of the driver'srequirements previous employers the driver's specific, written authorization for release of the information in paragraph (a) ofDOT thisAgency section.
(e) The release of any information under this section may take the form of personal interviews, telephone interviews, letters, or any other methodthan of transmitting information that ensures confidentiality.
(f) The information in paragraph (a) of this section may be provided directly to the prospective employer by the driverFMCSA, provided the employer assuresmust itselfrequest that the informationalcohol is true and accurate.
(g)controlled Ansubstances employer may not use a driver to perform safety-sensitive functions if the employer obtains information onrequired aunder violation of the prohibitions in subpart B of this partsection by the driver, without obtaining information on subsequent compliance with the referral and rehabilitation requirements of § 382391.605 of this part.
23(he) Employersdirectly needfrom notthose obtainemployers informationregulated underby paragraph (a) ofDOT thisAgency sectionother generatedthan byFMCSA.
[89 previousFR employers90619, prior to the starting dates in § 382Nov.115 of18, this part.2024]