Does a Failed Pre-Employment Drug Test Go on Your Record? 

Does a Failed Pre-Employment Drug Test Go on Your Record? 

By ASAP 

Disclaimer: This information is provided for educational purposes only. Reader retains full responsibility for the use of the information contained herein.  

What to Do If You Fail a Pre-Employment DOT Drug Test: A Complete Step-by-Step Guide 

The U.S. Department of Transportation (DOT) requires a pre-employment drug test for all safety-sensitive employees. This includes airline workers, school bus drivers, train engineers, truck drivers, and much more. If you fail or refuse a pre-employment DOT drug test, it will hinder your ability to get a safety-sensitive job. You will have to complete the DOT Return to Duty (RTD) process with a qualified DOT Substance Abuse Professional (SAP) before applying for work. 

In this guide, we’ll explore what happens if you fail a pre-employment drug test, how long a failed drug test will stay on your record, and what you can do to return to work. 

When Are Pre-Employment Drug Tests Required? 

Pre-employment DOT drug tests are required when someone applies for a safety-sensitive position, or an employee being promoted into a DOT safety-sensitive role. This may be the person’s first time working in a DOT-regulated position, or it may be an application for a new position. For instance, if a flight attendant applies for work at a new airline, he or she will need to complete a DOT pre-employment drug test for the position. 

Furthermore, pre-employment drug tests are required when a previously terminated employee gets rehired as long as the termination was 30 days or longer. The exception to this rule would be for an employee temporarily laid off due to seasonal work changes or other circumstances. If the person remains an employee of the company during the layoff period, he or she will not have to complete a new pre-employment test. However, the employee will remain in the random testing pool and may be subject to random DOT drug tests. See the specifics under the DOT FMCSA agency, Part 382 of the Federal Motor Carrier Safety Administration (FMCSA) regulations to learn more about how this applies to CDL drivers. 

Failed DOT Drug Tests for Commercial Drivers Get Reported to the FMCSA Drug and Alcohol Clearinghouse 

As of January 6, 2020, employers, Consortium/Third-Party Administrators (C/TPAs), and Medical Review Officers (MROs) are required to report failed/refused drug tests for CDL drivers to the FMCSA Drug and Alcohol Clearinghouse. This includes pre-employment drug tests, random drug tests, post-accident drug tests, and others. The Clearinghouse does not include drug tests that are not required by the DOT agency, FMCSA. For example, if you failed a drug test for a job at a restaurant, that would not show on your Clearinghouse record. If you have a failed CDL drug test for work as a school bus driver, it would go on your Clearinghouse record. 

On November 18, 2024, FMCSA introduced Clearinghouse II. This guidance states that “having a “prohibited” Clearinghouse status will result in losing or being denied a commercial driver’s license (CDL) or commercial learner’s permit (CLP). Drivers in a “prohibited” Clearinghouse status must complete the Return-to-Duty (RTD) process to become eligible for a CDL or CLP. “ To learn more, read here. 

How Long Do Failed Drug Tests Stay on Record? 

The positive DOT drug test or other DOT drug and alcohol violation stays a violation until you successfully complete the RTD process, RTD test and the observed follow-up testing plan. Violation records for CDL drivers in the FMCSA Clearinghouse site stay for five years after successful completion of the DOT return-to-duty process and successful completion of the follow-up testing plan. A violation remains a violation regardless of the time that has passed under any DOT agency.  An employer may not access your FMCSA Clearinghouse records without your consent. However, refusing to provide consent to the FMCSA Clearinghouse will prevent you from performing safety-sensitive job duties. 

Can I Get a Job After Failing a Pre-Employment Drug Test? 

Yes, you can still get a DOT-regulated job after failing a pre-employment drug test—but only after completing the RTD process. The process involves the following steps: 

1. Initial Assessment: Meet with a qualified DOT SAP for an evaluation. 
2. Treatment/Education Recommendations: Based on the assessment, the SAP will recommend treatment and/or educational programs, along with referral sources. 
3. Follow-up Evaluation: After completing the recommendations, you’ll have a follow-up evaluation with the same SAP. The SAP determines if you have successfully completed their request and are safe to return back to safety-sensitive DOT work. 
4. Observed RTD Test: Once approved, you’ll need to take an observed return-to-duty test ordered by your employer, potential employer, or C/TPA for FMCSA owner-operators. A negative RTD test(s), will get you back to work at this stage. 
5. Follow-up Testing Plan: A follow-up testing plan will be created for a period of 1 to 5 years according to the plan determined by the SAP. This will be provided directly to your employer or future employer to complete the announced and observed tests while working.  

How ASAP Can Help You Return to Work 

American Substance Abuse Professionals, Inc. (ASAP), has a nationwide network of qualified DOT SAPs throughout the United States and its territories. We match employees with a DOT SAP so they can return to work as quickly as they can comply with the process. The enrollment process is quick and easy.  Call 888-792-2727 x177 to enroll today. #worksafely 

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Additional Reading:  

https://go2asap.com/articles/completing-the-return-to-duty-process-what-cdl-drivers-need-to-know-about-clearinghouse-ii/  

https://go2asap.com/blog/positive-dot-drug-test/ 

https://go2asap.com/blog/finding-DOT-qualified-SAPs/