Q1. Requirements for Pre-Employment Testing:  If a driver is terminated and returns to safety-sensitive functions with the same employer, is the driver subject to a drug and alcohol pre-employment test before ?

A1. If a driver has been removed from a DOT random testing pool for more than 30 days, the employer must give the driver a pre-employment test and a negative test result must be received before the driver may operate a commercial motor vehicle (CMV). If less than 30 days has passed since the driver was under the DOT random testing program, the employer may re-employ the driver without a pre-employment drug test.This situation only applies to employment with the same employer.  [382.301, Question 3]

Q2. Is a motor carrier required to administer a DOT pre-employment drug test on a driver that received a verified negative test result on the initial pre-employment drug test, but was not placed into the motor carrier’s  DOT random testing pool and more than 30 days has elapsed since the date of the first test?

A2. Yes, because the driver was not covered in a DOT random testing pool for more than 30 days, the motor carrier must administer another DOT pre-employment drug test on the driver and receive a verified negative result from the MRO before allowing the driver to operate a commercial motor vehicle that requires a CDL. Please see 382.301 (b) (1) and 382.301 Question 2.