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 CloseCompliance Expert at 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.

Ad Loading...

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 & Compliance

Work Truck graphic with “Fall Back” and “Keep Fleet Safety in Focus” over a sunlit field, with a clock illustration on the right.
Safety & Compliance•by Lauren Fletcher•October 30, 2026

Navigating the Effects of Daylight Saving Time on Work Truck Fleets

Discover how daylight saving time impacts work truck fleets and get essential tips for fleet managers and drivers to navigate the "fall back" transition.

Read More →
Three glowing jack-o’-lanterns beneath a full moon, with silhouetted trees and gravestones. Text reads “Keeping Your Drivers Safe?” above the Work Truck logo.
Safety & Compliance•by Lauren Fletcher•October 29, 2026

How Halloween Changes the Job for Work Truck Drivers

Truck traffic doesn’t take the same Halloween break as other drivers. What fleet managers should know about timing, neighborhood stops, and braking data.

Read More →
Safe Driving on Halloween over spooky fall road
Safety & Compliance•by Staff•October 25, 2026

Tips for Driving Safely on Halloween Night

This video features a reminder from the Connecticut Department of Transportation (DOT) and the Connecticut Police Chiefs Association, urging drivers to prioritize safety this Halloween.

Read More →
Ad Loading...
Work Truck graphic with a truck engine and the text “Rerating GVWR — What Fleets Need to Know.”
Safety & Compliance•by Staff•October 22, 2026

Re-rating Gross Vehicle Weight Ratings (GVWR): Why and How it's Done

Sometimes, it is not in a fleet’s best interests to have a vehicle at a given GVWR. Changing the GVWR to a special value can be done, but the process is complicated.

Read More →
Work gloves, a hard hat, tablet, keys, and paperwork sit on a workbench beside a calendar marked “Out of Service,” illustrating the operational disruption caused by a missing work truck.
Safety & Compliance•October 22, 2026

When a Work Truck Gets Stolen, the Real Loss Is Time

A stolen work truck can take more than a vehicle off the road. From tools and access cards to crew downtime, here’s how fleets can prepare for theft before it disrupts the entire workday.

Read More →
Ten members of the America's Road Team pose in front of a white Volvo semi-truck featuring patriotic graphics and the America's Road Team logo at the MCE26 conference and exhibition.
Safety & Compliance•by News/Media Release•October 21, 2026

Volvo Trucks Marks 25 Years as Exclusive Sponsor of America's Road Team

Volvo Trucks North America will serve as the exclusive sponsor of the American Trucking Associations' America's Road Team, marking 25 years of Volvo sponsorship. The group of professional drivers promotes safety and the industry as they travel the country.

Read More →
Ad Loading...
Streamlight Portable Scene Light III displayed on a tripod with a close-up of its LED light head, alongside a badge recognizing it as the 2026 OH&S New Product of the Year winner.
Safety & Compliance•by News/Media Release•October 21, 2026

Streamlight’s High-Output Scene Light Recognized with Occupational Safety Award

Streamlight’s Portable Scene Light III (PSL III) won the 2026 Occupational Health & Safety (OH&S) New Product of the Year Award in the Lighting category.

Read More →
Fleetworthy Expedited Inspection graphic featuring a commercial vehicle inspector walking toward a white semi-truck, with tablet and smartphone displays showing digital driver vehicle examination reports.
Safety & Compliance•by News/Media Release•October 14, 2026

Fleetworthy Expands Expedited Inspection to 5 States

Following its industry-first launch in Nevada, Fleetworthy’s automated inspection technology is now live in California, Michigan, Vermont, and Maine.

Read More →
Red and Black Promo graphic with Kathy Close of JJ Keller that says Behind the Article, Under 26,001 lbs.? IRP May still apply.
Safety & Compliance•by Lauren Fletcher•October 12, 2026

Crossing State Lines in a Light-Duty Work Truck? Check These Rules First

Crossing state lines in a lighter work truck? J.J. Keller's Kathy Close explains when IRP registration, trip permits, and towing rules come into play.

Read More →
Ad Loading...
Safety & Compliance•by Staff•October 12, 2026

Simple Tire Checks That Help Keep Your Business Fleet Moving

A survey found that nearly one in every 10 passenger vehicles has at least one bald tire. What's more, 27% -- more than one in four -- of vehicles are driven with one or more severely under-inflated tires.

Read More →