terryj9351
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You are not going to list a company on a applicaqtion that you never worked for,right.
A driver who holds a Class A CDL is required to provide 10 years of employment history on an application and a carrier is required to confirm three years of employment history regardless of who the driver worked for. If you worked for Sam Jones Trucking from January 2006 - September 2006 you would list Sam Jones Trucking on any application you filled out. Sam Jones Trucking is required to keep a record of who called to confirm your employment. Therefore Sam Jones could provide a list of carriers who inquired about your employment after a postive pre-employment test was discovered.
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Anyone is third party if it's not the employer,lab,or the MRO.
No, the US DOT is not a third party and has access to all records:
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? 40.331 To what additional parties must employers and service agents release information?
As an employer or service agent you must release information under the following circumstances:
(a) If you receive a specific, written consent from an employee authorizing the release of information about that employee's drug or alcohol tests to an identified person, you must provide the information to the identified person. For example, as an employer, when you receive a written request from a former employee to provide information to a subsequent employer, you must do so. In providing the information, you must comply with the terms of the employee's consent.
(b) If you are an employer, you must, upon request of DOT agency representatives, provide the following:
(1) Access to your facilities used for this part and DOT agency drug and alcohol program functions.
(2) All written, printed, and computer-based drug and alcohol program records and reports (including copies of name-specific records or reports), files, materials, data, documents/documentation, agreements, contracts, policies, and statements that are required by this part and DOT agency regulations. You must provide this information at your principal place of business in the time required by the DOT agency.
(3) All items in paragraph (b)(2) of this section must be easily accessible, legible, and provided in an organized manner. If electronic records do not meet these standards, they must be converted to printed documentation that meets these standards.
(c) If you are a service agent, you must, upon request of DOT agency representatives, provide the following:
(1) Access to your facilities used for this part and DOT agency drug and alcohol program functions.
(2) All written, printed, and computer-based drug and alcohol program records and reports (including copies of name-specific records or reports), files, materials, data, documents/documentation, agreements, contracts, policies, and statements that are required by this part and DOT agency regulations. You must provide this information at your principal place of business in the time required by the DOT agency.
(3) All items in paragraph (c)(2) of this section must be easily accessible, legible, and provided in an organized manner. If electronic records do not meet these standards, they must be converted to printed documentation that meets these standards.
(d) If requested by the National Transportation Safety Board as part of an accident investigation, you must provide information concerning post-accident tests administered after the accident.
(e) If requested by a Federal, state or local safety agency with regulatory authority over you or the employee, you must provide drug and alcohol test records concerning the employee.
(f) Except as otherwise provided in this part, as a laboratory you must not release or provide a specimen or a part of a specimen to a requesting party, without first obtaining written consent from ODAPC. If a party seeks a court order directing you to release a specimen or part of a specimen contrary to any provision of this part, you must take necessary legal steps to contest the issuance of the order (e.g., seek to quash a subpoena, citing the requirements of ?40.13 ). This part does not require you to disobey a court order, however.
terryj9351
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The company you applied for employment with is not going to get a request for information because they are not on your next application.
No, however, the carrier you worked for last will have a record of all contacts.
Lets say you applied to ABC Trucking and you had a positive pre-employment drug test. When you filled out the application for ABC Trucking you listed your previous employer Sam Jones Trucking, your address, CDL number, home phone, etc. If the FMCSA discovered the positive pre-employment drug test they could use your CDL and employment history listed to find you and discover whether or not you had the required SAP, return to duty, and six follow-up tests as required.
terryj9351
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Anyone that fails a radom is in trouble,because that was a test for a present employer. Correct me if I'm wrong.
Drugs and trucks don't mix, there are investigative tools available for a driver to be found regardless of when the driver tested positive.
Be safe.