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

Guidance Q&A

Question 1: What is to be done if a previous employer does not make the records available in spite of the employer’s request along with the driver’s written consent?

Guidance: Employers must make a reasonable, good faith effort to obtain the information. If a previous employer refuses, in violation of §382.405, to release the information pursuant to the new employer’s and driver’s request, the new employer should note the attempt to obtain the information and place the note with the driver’s other testing information (59 FR 7501, February 14, 1994).