49CFR40.25

1. 49CFR40.25 Prepared by Wendy McDowell C-DAPA-A Presented by The GBSP www.TheGBSP.com

2. WHO….. Who is responsible to participate in 49CFR40.25? www.theGBSP.com

3. ALL DOT Modes www.theGBSP.com

4. What is our role as the “new employer” www.theGBSP.com

5. Must an employer check on the drug and alcohol testing record of employees it is intending to use to perform safety-sensitive duties? www.theGBSP.com

6. Simon says…YES 40.25(a) Does require employers to obtain written consent from the perspective employee to request information from their previous DOT employers. Depending on the DOT modal agency the request can go back 2 to 5 years. What if the prospective employee refuses to give consent? You must NOT allow them to perform safety sensitive functions for your company. www.theGBSP.com

7. What records do I need? 40.25(b) • Alcohol tests with a result of .04 or higher alcohol concentration • Verified positive drug tests; • Refusals to be tested (including verified adulterated/substituted drug tests; • Other violations of DOT agency drug and alcohol regulations and; • With respect to any employee who violated a DOT regulation- documentation of successful completion of the return to duty process. www.theGBSP.com

8. Blanket Release Can I ask the perspective employee to sign a blanket release for past records? NO….40.25 requires the release to be employee, employer and time-period specific. www.theGBSP.com

9. When do these records need be received? If possible you need to obtain and review the testing history “before” the employee first performs safety-sensitive functions for you. HOWEVER….If this is not feasible you must obtain the records and review the information at the first opportunity. www.theGBSP.com

10. How long do I have to receive and review the records? • You must NOT permit the employee to perform safety sensitive functions after 30 days from the date on which the employee first performed safety sensitive functions…… • UNLESS….. You have obtained the records OR made and documented a good faith effort to obtain, the information from previous employers. www.theGBSP.com

11. What is “Good Faith” Good faith is defined as: “Good faith is an abstract and comprehensive term that encompasses a sincere belief or motive without any malice or the desire to defraud others. www.theGBSP.com

12. Good Faith cont. Good faith efforts to obtain drug and alcohol testing records means that you have made more than one attempt in various ways. I.E. 3/1/2010- Sent first request via fax 3/7/2010- Second request made phone call 3/15/2010- Third attempt via certified mail www.theGBSP.com

13. What if…. The records check shows that the employee violated DOT rules? • You must make sure the employee has successfully completed the DOT return to duty process before permitting them to perform safety sensitive duties. www.theGBSP.com

14. What are you asking for? • For ALL DOT modes you must ask for drug and alcohol records for the past 2 years • THE EXCEPTIONS: • FMCSA- You must request a 3 year history • FAA Pilots are the exception! You must request records for the past 5 years! www.theGBSP.com

15. Section 1 Suggested Format: “Release of Information Form -- 49 CFR Part 40 Drug and Alcohol Testing” Section I. To be completed by the new employer, signed by the employee, and transmitted to the previous employer: Employee Printed or Typed Name: ________________________________Employee SS or ID Number: ___________________________ I hereby authorize release of information from my Department of Transportation regulated drug and alcohol testing records by my previous employer, listed Section I-B, to the employer listed in Section I-A. This release is in accordance with DOT Regulation 49 CFR Part 40, Section 40.25. I understand that information to be released in Section II-A by my previous employer, is limited to the following DOT-regulated testing items: Alcohol tests with a result of 0.04 or higher; Verified positive drug tests; Refusals to be tested; Other violations of DOT agency drug and alcohol testing regulations; Information obtained from previous employers of a drug and alcohol rule violation; Documentation, if any, of completion of the return-to-duty process following a rule violation. Employee Signature: Date: www.theGBSP.com

16. Section II Section II. To be completed by the previous employer and transmitted by mail or fax to the new employer: II-A. In the two years prior to the date of the employee’s signature (in Section I), for DOT-regulated testing ~ • Did the employee have alcohol tests with a result of 0.04 or higher? YES/NO • Did the employee have verified positive drug tests? YES /NO • Did the employee refuse to be tested? YES /NO • Did the employee have other violations of DOT agency drug and alcohol testing regulations? YES/NO • Did a previous employer report a drug and alcohol rule violation to you? YES/NO • If you answered “yes” to any of the above items, did the employee complete the return-to-duty process? N/A YES NO • NOTE: If you answered “yes” to item 5, you must provide the previous employer’s report. If you answered “yes” to item 6, you must also transmit the appropriate return-to-duty documentation (e.g., SAP report(s), follow-up testing record). www.theGBSP.com

17. Section IIA and B I-A. New Employer Name: __________________________________________ Address:/City/State: _______________________________________________________________________  Phone #:_______________________________________________________ Designated Employer Representative: ________________________________________________________________ I-B. Fax # Previous Employer Name: ___________________________________ Address/City/State:___________________________________ Phone #: Designated Employer Representative (if known): www.theGBSP.com

18. What is our role as a previous employer? www.theGBSP.com

19. Release of records You must receive written authorization from the employee to release the records and specifically to whom the records are to be released. As a previous employer you must release information under this section in any written form (i.e. fax, email, letter) that ensures confidentiality www.theGBSP.com

20. FMCSA Update February 12, 2014 FMCSA Proposes National Drug and Alcohol Testing Clearinghouse for Commercial Truck and Bus Drivers www.theGBSP.com

21. PRIA- Requirement If you hire pilots the background check requirements are 5 years versus 2 years! Stick around for a quick PRIA overview! www.theGBSP.com

22. Thanks for joining us! If you have any questions please contact us at: TheGBSP 720.775.7635 information@TheGBSP.com www.TheGBSP.com www.theGBSP.com