The employee background check regulation (49 CFR§40.25) requires all employers to obtain a signed release from prospective employees permitting the employer to contact his/her past transportation industry employers with regard to their participation in a random test program.  If this is the employee's first job or first transportation industry job, the employee need only sign the release form for filing by the employer.

The regulation requires the prospective employer to seek information about any refusals to test, positive drug or alcohol test results, and other violations of DOT agency drug and alcohol testing rules. The regulation stipulates that the prospective employer contact an employee's previous employers in writing, and that previous employers must respond within 30 days. Finally, if the background check discovers any positive tests or refusals, the regulation requires proof that the employee has successfully completed the Return-to-Duty process.

As a courtesy, Maritime provides it's members with a filled out Background Check form for each new employee and instructions to aid in complying with this regulation. Download a Release of Information Form in PDF.