Heavy Duty Trucking Logo
MenuMENU
SearchSEARCH

DOT Reaffirms Pre-Employment Drug/Alcohol Inquiry Rule

All transportation employers, including maritime companies, will have to obtain drug and alcohol test histories for new employees in safety-sensitive functions, says the U.S. Department of Transportation

by Staff
August 9, 2001
3 min to read


All transportation employers, including maritime companies, will have to obtain drug and alcohol test histories for new employees in safety-sensitive functions, says the U.S. Department of Transportation.

The decision, which came after review of objections raised by the maritime industry, reaffirms a long-standing rule for the trucking industry.
Albeit confusing and sometimes frustrating, the regulations are familiar to trucking. Since drug and alcohol tests were mandated, motor carriers have been required to get drug and alcohol test information from the previous employers of all drivers they hire. The rules don’t say that a carrier can’t hire a driver who has previously tested positive for controlled substances, or failed a DOT alcohol test, but they do say that motor carriers must make sure the driver has satisfied all return-to-work requirements, including evaluation by a substance-abuse professional, completion of prescribed treatment, and follow-up testing.
Last year, DOT extended similar requirements to all transportation industries. “We did so because it is very important, as a matter of safety, for employers to know whether new employees they are hiring have complied with drug and alcohol testing requirements, especially return-to-duty requirements,” the agency said. The information, it added, is particularly important to industries with high turnover, such as trucking and maritime.
“If an employer tests positive for Employer A, quits or is fired, and then applies for work with Employer B without having completed the required return-to-duty process, Employer B could unknowingly allow the employer to perform safety-sensitive functions despite being prohibited from doing so by DOT rules,” it said. “This is a situation in which ignorance, far from being bliss, become a threat to transportation safety. It also places Employer B in noncompliance with DOT rules.”
The agency recently reopened the issue at the request of several maritime organizations. Following are some arguments against the rule, and DOT’s response.

  • Drug/alcohol test history inquiries would delay hiring. As DOT pointed out, the regulation says that “if feasible” the information must be obtained before putting the applicant in a safety-sensitive function. If that’s not feasible, the employer has 30 days after hiring the applicant to either get the information or at least make a documented good faith effort. (Trucking companies, it should be noted, have only 14 days under Federal Motor Carrier Safety rules).

  • The trucking industry doesn’t fully comply with similar requirements, so other industries shouldn’t be asked to comply. DOT acknowledged that compliance with this and other safety regulations is “less than perfect,” which is why agencies such as the Federal Motor Carrier Safety Administration have inspectors. However, it added, “the potential for some noncompliance does not invalidate the rationale for a requirement.”

  • Pre-employment drug/alcohol test history inquires are illegal, a violation of the American with Disabilities Act, unconstitutional, discriminatory, or a “draconian invasion of privacy.” DOT pointed out that the inquiries are made only with the employee’s written consent. Moreover, inquiries to determine if someone has complied with safety regulations “in no way violates the ADA,” it said.

  • It’s enough to have a new hire pass a pre-employment test. “Permitting an employee to test positive one day, ignore return-to-duty requirements, apply for a job with another company the next day, and pass a pre-employment test the day after and start work in a safety-sensitive position, undermines not only department’ drug testing program but, more importantly, transportation safety,” DOT responded.

  • It’s too expensive. DOT said that most who posed this argument failed to provide adequate data to back the claim. Moreover, it received comments from some non-maritime industries asserting that the cost is minimal. The agency also pointed out that the rule simply requires employers to request test results from previous employers. It does not mandate more expensive background checks from professional agencies.

Ad Loading...

The comments and DOT’s responses can be found on the Internet at http://dms.dot.gov/search. Refer to Docket No. OST-99-6578.

More Drivers

Line of gray semi trucks with Fraley & Schilling logo
Safety & ComplianceJuly 15, 2026

How Fraley & Schilling Improved Logbook Compliance by Over 50%

Fraley & Schilling needed a way to close a compliance workflow gap in its ELD system without adding more work from driver training, reminders, and back-office follow-ups. It found the answer in a custom driver app.

Read More →
Volvo American Truck Simulator.
Driversby News/Media ReleaseJuly 8, 2026

Volvo Goes Gaming

Volvo has roared into American Truck Simulator with two new flagship trucks.

Read More →
Two black men in safety vests walking together laughing in a truck fleet yard
Driversby Deborah LockridgeJuly 6, 2026

What the Best Fleets to Drive For Teach About Driver Retention

Survey fatigue, AI-powered routing, owner-operator expectations, and the decline of social media all emerged as themes from this year's Best Fleets to Drive For program.

Read More →
Ad Loading...
Podcast thumbnail showing Jane Jazrawy, the words "When Drivers Tune Out," and a line drawing of a truck.
DriversJuly 2, 2026

Driver Retention Lessons From the Best Fleets to Drive For

What separates trucking's best workplaces from the rest? Jane Jazrawy shares the biggest lessons from this year's Best Fleets to Drive For program on driver retention, communication, AI, and workforce trends on the HDT Talks Trucking podcast.

Read More →
Man standing beside tractor-trailer in sepia tone with the words "Farewell CDL" superimposed on top
Driversby Jack RobertsJuly 1, 2026

Farewell, CDL: Why I'm Giving Up My Commercial Driver's License

After more than 20 years as a CDL holder, HDT Executive Editor Jack Roberts is letting his commercial license expire. Not because he wants to — but because trucking's nuclear verdict crisis has made the risks of public-road test drives too great for editors, manufacturers, and everyone involved.

Read More →
HDT Talks Trucking thumbnail with photo of Jane Jazrawy and the text,, "When Drivers Tune Out"
Driversby Deborah LockridgeJune 24, 2026

How Top Trucking Fleets Improve Driver Retention [Video]

What do healthy snacks, optimized routing, and just picking up the phone have in common? They're all strategies the Best Fleets to Drive For are using to retain truck drivers.

Read More →
Ad Loading...
Trucker Path Cargo Net theft overlay.
Driversby News/Media ReleaseJune 23, 2026

Trucker Path Adds Verisk CargoNet Theft Data to Navigation Platform

Trucker Path’s new cargo theft risk overlays give drivers and fleets visibility into high-risk areas, stolen commodity trends, and theft hotspots.

Read More →
Man seated in front of computer with inset of insights generated for a truck driver

Netradyne Intelligence Uses New AI Agents to Automate Response to In-Cab Camera Data

The company called the next-generation in-cab camera safety platform "a fundamental shift from systems that report on what happened to systems that actively drive what should happen next."

Read More →
Illustration of hourglass and trucks backed up to a dock
DriversJune 15, 2026

Why Truck Detention Keeps Costing Fleets Time and Money

A 2024 ATRI study found detention affects nearly 40% of truckload stops and costs the industry more than $15 billion annually. Despite the toll on drivers, fleets, and supply chains, the problem remains stubbornly persistent.

Read More →
Ad Loading...
Artist rendering of dealership with trucks and trailers parked outside
Equipmentby News/Media ReleaseJune 2, 2026

Prime Inc. to Open $7.9M Flagship Used-Truck Dealership

A new driver-focused facility to sell Prime Inc's used trucks and trailers will be the first purpose-built location in the company's history.

Read More →