Crucially, a driver—especially those holding a CDL—must not be placed into safety-sensitive duty until the employer has received a verified negative result from a Medical Review Officer (MRO). Maintaining a copy of this result in the Driver Qualification File (DQF) is considered best practice and may be scrutinized during a DOT audit.
Regulatory Requirements
Testing Requirement
Prior to performing safety-sensitive functions, a driver must undergo a controlled substances test, and the employer must receive a verified negative result from the MRO or a designated third-party administrator (C/TPA). Without this result, the driver cannot be allowed to operate. Reference: 49 CFR § 382.301(a)
Verification by MRO
The Medical Review Officer must confirm whether the drug test is negative or report otherwise, following procedural rules under 49 CFR Part 40.
Recordkeeping Best Practices
Maintain a copy of the MRO’s verified negative result
This document should remain part of the DQF, ensuring immediate accessibility if needed during a DOT audit. While not explicitly mandated in § 382.301, it aligns with FMCSA’s guidance and common recordkeeping standards.
Support: Industry best practice and guidance resources: InOut Labs
Carrier Policies for Re-hires
If a driver returns after being out of a DOT random testing pool for more than 30 days, the employer must conduct a new pre-employment drug test and receive a verified negative result before allowing the driver to resume work, even if they were previously tested earlier.
Reference: FMCSA FAQs
Record Retention Timeline
Negative Test Results
Employers are required to retain negative drug test results for at least 1 year.
Other Testing Records
Positive results, cancelations, and other controlled substances program records have longer retention requirements (up to 5 years for positive tests). These timelines are in accordance with FMCSA recordkeeping policies.
Reference: DOT Recordkeeping Requirements document: Department of Transportation
Why This Matters
Safety Compliance
Ensures only drug-free drivers are allowed to operate CMVs.
Audit Readiness
Having MRO documentation in the DQF demonstrates regulatory adherence.
Policy Clarity
Establishes a clear, consistent standard for carriers regarding pre-employment screening and recordkeeping.
Official Sources
49 CFR § 382.301 – Pre-employment Testing (Controlled Substances)
Defines testing requirements and restrictions prior to safety-sensitive duties.
FMCSA DOT Recordkeeping Guidelines
Details retention timelines for various drug and alcohol testing records.
FMCSA Industry Guidance
Supports best practices for retaining MRO-verified negative results.
FMCSA FAQ – Pre-Employment Testing for Re-hires
Clarifies when new testing is required upon re-entry into DOT testing programs.
