Does the FAA’s suggested ‘Release of Information’ form indicate a change in the regulatory requirement to conduct the drug and alcohol records check?
No. The Department of Transportation's (DOT's) procedural regulation, 49 CFR part 40, § 40.25(b), states that the prospective employer must request records from the individual's previous DOT-regulated employers who have employed the individual within the two years before the application or transfer date. This requirement did not change.
The 'aviation' suggested form changes Section II-A of the Department of Transportation's (DOT's) form to say 'While employed' versus 'In the two years prior to the date of the employee's signature (in Section I), for DOT-regulated testing'. This small change clarifies that the 'two-year' period does not apply to the date of the actual information or the date the employee signed the release. Consequently, the previous employer may respond with information that dates beyond two years. The DOT's procedural regulation, 49 CFR part 40, does not limit a previous employer from releasing more than the previous two years of records regarding an employee's positive drug test results or alcohol violations.
Although an employer is not required to use the DOT or FAA suggested forms, we believe it is a best practice to eliminate the language "In the two years prior..." from the form. Otherwise, an employer may risk getting a "No" response although the employee may actually have a previous drug or alcohol violation.
If you have any further questions or need additional guidance that is more specific to your situation, please contact the FAA Drug Abatement Division at (202) 267-8442 or drugabatement@faa.gov.
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