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.
Legal Information Institute
FMCSA DOT Recordkeeping Guidelines
Details retention timelines for various drug and alcohol testing records.
Department of Transportation
FMCSA Industry Guidance
Supports best practices for retaining MRO-verified negative results.
InOut Labs
FMCSA FAQ – Pre-Employment Testing for Re-hires
Clarifies when new testing is required upon re-entry into DOT testing programs.
FMCSA
