I am having trouble with a drug and alcohol records check on a potential employee. What should I do?
If you are not able to verify the previous employer is DOT-regulated or conducts Federal drug and alcohol testing, you should talk to the employee or applicant to find out more information or search the internet to learn more about the former employer’s business or contact information. If you exhaust your search and you still cannot find information about the company, you may reach out to the FAA’s Drug Abatement Division for help. When you do, please provide a copy of the written release and any other documentation (e.g., the applicant’s resume or any communications with the former employer). You may submit your documentation via email to FAA's Drug Abatement Division at drugabatement@faa.gov or fax to 202-267-5200.
According to 49 CFR § 40.25(h), the employer from whom information is requested must transmit the information immediately. If you have confirmed receipt from the previous employer and they are refusing to provide information, you must document your good faith efforts. We strongly encourage you to report the non-response to the FAA’s Drug Abatement Division and provide a copy of the written release and documentation of your efforts. You must maintain the documents for three years from the date the employee first performs safety-sensitive duties for you.
More guidance on the drug and alcohol records check is available in the FAA’s Advisory Circular (AC 120-126) and the DOT’s pamphlet titled "What Employers Need to Know About DOT Drug and Alcohol Testing".
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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