Will FMCSA- and FAA-regulated employers complying with the drug and alcohol information records check be considered compliant with 40.25?

Will FMCSA- and FAA-regulated employers complying with the drug and alcohol information records check requirements contained in the Federal Motor Carrier Safety Administration (FMCSA) regulation 49 CFR Part 391 and the Federal Aviation Administration (FAA) Pilot Record Improvement Act be considered compliant with 40.25?

• Yes. Employers who are required by and who comply with the FMCSA’s threeyear requirement for obtaining and providing employee drug and alcohol testing information are considered to have satisfied the two-year requirement contained in 40.25. 

•  Likewise, employers who are required by and who comply with the FAA’s fiveyear requirement for obtaining and providing employee drug and alcohol testing information are considered to have satisfied the two-year requirement contained in 40.25. 

• These employers do not need to seek separately the 40.25 information if the employer adheres to the FMCSA and FAA regulations, as appropriate, for obtaining an employee’s prior drug and alcohol testing information.

DOT Part 40 Question and Answer dated 6/2004