| You are required, as a marine employer to seek to obtain the drug and alcohol testing history of a prospective employee for a safety-sensitive position on a vessel. You will also receive requests from employers for information regarding your former employees.
You must first obtain the written consent of the prospective employee to seek the drug and alcohol testing history over the past two years from prior transportation employers. If the prospective employee does not provide written consent, you cannot place the prospective employee in a safety-sensitive position. Please note that the regulation permits employment of the prospective employee in a safety-sensitive position, even if the prior employer fails to provide the requested information, as long as you have made a good faith effort to obtain the information. To show full compliance with the regulation, it is critical that you accurately document all actions you take.
To assist you in complying with the federal rule, here are three templates for your use. They are in Word format so that you can modify them as necessary. In certain places, it will be appropriate for you to insert your company's name and contact information, as well as the name of the prospective employee. PVA encourages you to print these templates on your company letterhead and use them to assist you in complying with the DOT rule:
The three documents are:
- Request to Prior Employer to Obtain Drug and Alcohol Testing Information of Prospective Employee (Word doc);
- Prospective Employee's Consent for Release of Drug and Alcohol Testing Information (Word doc); and
- Response to Employer's Request for Drug and Alcohol Testing Information of Your Prior Employee (Word doc).
To see a copy of the text of the applicable federal regulation, click here. These templates are provided by the Passenger Vessel Association as a service to its members. If you have any questions or comments, please contact PVA.
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