Work Truck Logo
MenuMENU
SearchSEARCH

Changes to Pre-employment Investigations for Drug and Alcohol Program Violations Now in Effect

The rules have changed regarding how fleets check potential drivers' drug and alcohol testing history.

Kathy Close
Kathy CloseTransportation Editor, J.J. Keller
Read Kathy's Posts
November 10, 2022
Changes to Pre-employment Investigations for Drug and Alcohol Program Violations Now in Effect

Beginning January 6, 2023, the Clearinghouse will have three years’ worth of recent history compared to what was requested directly from previous employers.

Photo: Work Truck

3 min to read


Beginning Jan. 6, 2023, one of the categories of questions appearing on the Federal Motor Carrier Safety Administration safety performance history inquiry will be removed. Motor carriers will no longer have to ask former employers questions about Part 382 violations.

What is Part 382? This is part of the Code of Federal Regulations covering Transportation, Title 49. This title is broken into seven chapters. Chapter 3 covers FMCSA and Department of Transportation, parts 300-399.

Ad Loading...

Part 382 covers controlled substances and alcohol use in testing. According to the FMCSA, "The purpose of this part is to establish programs designed to help prevent accidents and injuries resulting from the misuse of alcohol or use of controlled substances by drivers of commercial motor vehicles." 

Are Safety Performance Histories Still Required?

Yes, motor carriers will still need to contact a driver’s former FMCSA employers from the past three years to confirm the following:

  • General employment verification, typically confirming that the employee worked there, dates of employment, vehicles operated, and the like;

  • DOT crash history within the previous three years. These are accidents as defined in §390.5 and appearing on the former employer’s accident register (§390.15); and

  • Other accidents not qualifying as DOT crashes that the former employer is willing to provide (not mandated to do so). These might be minor fender benders that show a pattern of unsafe driving.

Additional questions on the inquiry are only permitted if they do not violate state and federal employment laws.

How do you Learn of FMCSA Testing Violations?

Violations occurring under Part 382 are captured by the CDL Drug and Alcohol Clearinghouse. Pre-employment queries of the database will reveal drivers who have not yet completed the return-to-duty process and/or follow-up testing plan.

Ad Loading...

There has been an overlap between the Clearinghouse query and the safety performance history inquiries since the database’s launch in 2020.

Beginning Jan. 6, the Clearinghouse will have three years’ worth of recent history compared to what was requested directly from previous employers.

How do Carriers Discover DOT Testing Violations in Other Modes?

Motor carriers must contact former employers directly when an applicant:

  • Worked in a mode other than highway in the previous three years, and

  • Was subject to DOT testing.

Examples include rail, transit, pipeline, air, or maritime positions.

Ad Loading...

The motor carrier must ask the former employer the questions appearing in §40.25(b). A violation occurring under another DOT mode follows the employee to the highway mode and requires the return-to-duty process and follow-up tests (§382.501(a)).

Copies of Testing Records

The process of requesting additional information or copies of records does not change with the new safety performance history format.

If previous drug and alcohol history reveals a DOT testing violation but no indication of a completed follow-up testing program, the new employer must request information from the former employer to learn where the process left off.

The new carrier will need a copy of the substance abuse professional’s follow-up plan and a record of completed tests. The specific records, additional questions, and the parties requesting and releasing the information must be identified when the driver signs a written consent.

Planning Ahead & Key Dates to Know

In preparation for Jan. 6, the motor carrier should consider the following measures:

Ad Loading...
  • Train everyone involved with vetting drivers on the new process,

  • Make sure safety performance history forms are updated, and

  • Communicate with service agents who provide driver qualifications and/or drug and alcohol services to ensure they are aware and ready to implement the new requirements.

Even though the prescribed method of gathering data on prospective and new drivers has changed, the information has not. Motor carriers must still act on what they receive.

Do you truly understand driver exceptions? Or what the entry-level driver training (ELDT) requirements are? What about the top most frequently asked questions about emergency equipment? Work Truck has all of the top updates, resources, and more. 

Subscribe to Our Newsletter

More Safety

Image demonstrating Motive fatigue detection technology with in-cab camera images of a truck driver rubbing their face, yawning, and microsleeping. Timeline alerts highlight fatigue indicators, ending with a “Fatigue Detected” warning message.
SafetyMay 18, 2026

Motive Launches New Edge AI Capabilities to Help Prevent Collisions and Capture Critical Incidents in Real-Time

New AI models from Motive can detect signs of fatigue and eating, plus capture low-severity collisions often missed by telematics.

Read More →
Graphic announcing the acquisition of Pro-Vision by Convoy Technologies over a scenic two-lane road surrounded by autumn trees. Company logos appear above large “Acquisition” text centered on the roadway.
SafetyMay 15, 2026

Pro-Vision Acquires Convoy Technologies to Expand Fleet Safety and Video Solutions

Pro-Vision has acquired Convoy Technologies in a deal it said will broaden customer relationships and add specialized vehicle video capabilities for commercial fleets.

Read More →
Domino’s-branded electric delivery car parked outside a Domino’s restaurant, featuring red, blue, and white graphics. The image includes the Netradyne logo in the lower corner and storefront pickup signage in the background.
SafetyMay 13, 2026

Netradyne Delivers 66% Reduction in At-Fault Crashes Across Domino's Franchise Network

Five Domino's franchises and more than 1,000 vehicles are now running on Netradyne's AI-powered fleet safety and performance platform. Designed for fleets that use personal or non-owned vehicles, FlexMount allows drivers to quickly install and remove Driver-i.

Read More →
Ad Loading...
Milwaukee BOLT Personal Voltage Detector mounted on a white hard hat beside work gloves and electrical hazard signage. The safety device features integrated lights and a coiled cable in an industrial work environment.
SafetyMay 12, 2026

Milwaukee Introduces BOLT Personal Voltage Detector for Enhanced Jobsite Safety

Milwaukee Tool’s new BOLT Personal Voltage Detector features a wide detection field and clearer voltage alerts to help users quickly identify the presence of voltage.

Read More →
Thumbnail featuring IntelliShift team discussing AI-powered fleet cameras, telematics, driver safety, and connected fleet technology at an industry trade show.
Safetyby Lauren FletcherMay 7, 2026

AI Cameras Are Changing Fleet Safety Fast | At the Show

Explore how fleets are using AI cameras and connected data to improve safety, coaching, accountability, and driver performance.

Read More →
Fleet Legends graphic featuring Robert Martinez, retired fleet manager and 2026 Tom Johnson Award winner, with Work Truck and Legend Fleet branding.
Sponsoredby Lauren FletcherApril 29, 2026

From Motorcycles to Deputy Commissioner: Robert Martinez’s Fleet Journey | Fleet Legends

From motorcycle shop to NYPD Deputy Commissioner, Robert Martinez shares leadership lessons, fleet evolution, and his 2026 Tom Johnson Award win.

Read More →
Ad Loading...
Futuristic image of tractor trailer and sensors detecting a car it is approaching at dusk.
Safetyby News/Media ReleaseApril 24, 2026

Freightliner Expands Detroit Assurance Safety Features for Cascadia

Detroit Assurance with Active Break Assist 6 (ABA6) will be standard on Freightliner Cascadias built starting in December 2026 and will feature Cross Traffic Assist and Active Side Guard Assist 2 with left turn protection.

Read More →
Side view of a man in a truck cab with overlay of logo for LightMetrics.
Safetyby Wayne ParhamApril 22, 2026

LightMetrics Introduces ΦFP AI Layer Filter for Safety Alerts

LightMetrics has launched ΦFP, a new cloud AI layer that filters every driver safety alert before it reaches a fleet manager, eliminating the false alarms.

Read More →
A group of Atwell employees gather indoors for a team photo, standing together
Safetyby Lauren FletcherApril 21, 2026

What Fleets Can Learn from Listening to Drivers

What happens when drivers help shape specs, safety, and fleet programs? Atwell’s Crystal Zile shares how feedback led to smarter fleet decisions.

Read More →
Ad Loading...
Man talking in front of a blue tinted background image of a large truck with logos for Truck Chat and Work Truck and yellow headline Detroit Assurance & Upfitting.
Safetyby Wayne ParhamApril 15, 2026

How Detroit Assurance Adapts to Unique Upfits

Mike Young, of Daimler Truck North America, will walk us through how Detroit Assurance safety systems can adapt to work around upfits that could block the radar or cameras.

Read More →