FACT Act Notice of 2003

The Fair and Accurate Credit Transactions Act of 2003 amended the Fair Credit Reporting Act (FCRA) to requires each of the nationwide consumer reporting agencies (Experian, Equifax and TransUnion) to provide consumers with a free copy of their consumer file up to once during a 12 month period, either online, by phone or by mail.

Drivers Privacy Protection Act – (DPPA)

The Drivers Privacy Protection Act (DPPA) of 1994 prohibits the release of personal information contained in a motor vehicle record to a third party without an individual’s express consent. Some states may further restrict the release of this information.

ADA Compliance

Americans With Disabilities Act (ADA), prohibits employers from discriminating against people with disabilities who are qualified to perform essential job functions. Under the ADA, alcohol tests are considered “medical inquiries” when employers use a Medical Review Officer (MRO) function. In that event, employers must comply with ADA requirements to perform alcohol tests only once job applicants have received a conditional offer of employment.

Drug Screening Regulations

At the federal, state and municipal level, employers can be subject to statutes and ordinances specifying a wide range of restrictions on allowable conditions for drug testing. Examples of drug testing restrictions include:

  • Employers must have a clear and reasonable cause for the test.
  • Employers must have provided written notice to the applicant and testing is conducted post-offer.
  • Employer has made a written testing policy available to all employees.
  • Employee is in a “high risk” or safety-sensitive position and there is clear and reasonable cause.
  • Employers may not conduct random testing unless required by federal law.
  • Employees may not be terminated over positive results when they agree to participate in an employee assistance program.

DOT / Federal Motor Carrier Safety Administration (FMCSA) Regulations

DOT employers must abide several regulations requiring compliance with 1) DOT drug and alcohol testing general guidelines, 2) DOT agency specific requirements, 3) other federal laws mandating screening for DOT employers (FMCSA).

DOT Procedures for Transportation Workplace Drug and Alcohol Testing Programs (49 CFR Part 40),

For transportation employers, safety-sensitive transportation employees and service agents, the DOT requires that only urine specimens can be used for drug testing, and only breath or saliva specimens for alcohol testing, under a standard 5-panel test for amphetamines, cocaine metabolites, marijuana metabolites, opiate metabolites and phencyclidine.

DOT Random Testing:

DOT agencies must comply with minimum annual percentage rates for random drug and alcohol testing on employees as published in the Federal Register. (Ex: 50 % for drug testing and 10 -25 % for alcohol testing based upon industry violation rates).

Driver Qualification Files (DQF)

Per FMCSA requirement 49 CFR Part 391.51 a DQF must be maintained for each employed driver to include the employment application, verified employment history, road test certificate, annual driver record inquiry, annual driver record review, list or certificate relating to motor vehicle violations, medical examiner’s certificate and if issued, waiver of physical disqualification.

The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act)

This Act was enacted by the Transportation Safety Administration and DOT and requires background checks for hazmat drivers. The rule requires a review of criminal, immigration, and FBI records to determine and restrict any driver convicted or found guilty by reason of insanity in the past seven years, or released from prison in the past five years, or wanted for committing certain felonies, or who has been found mentally incompetent; from obtaining, retaining, transferring or renewing the hazardous materials endorsement.

Non-DOT drug testing program

A Non-Dot drug testing program can include a wider range of test specimens such as urine, breath, saliva, blood and hair, with more panels to include as many drugs as they wish, and for greater number of situations than a DOT program; provided testing is conducted in accordance with other applicable federal and state laws such as those prescribed by the Substance Abuse Program Administrators Association (SAPAA) and the Drug and Alcohol Testing Industry Association (DATIA).

Drug-Free Workplace Act

Employers who are federal contractors or who have received grants from federal agencies are subject to the requirements of the Drug-Free Workplace Act of 1988, which mandates employers provide drug-free workplaces as a condition of receiving a contract or grant from a federal agency.

Additional Federal Offices with Compliance Requirements for Background Checks

  • Federal Aviation Administration (FAA)
  • Federal Transit Administration (FTA)
  • Federal Railroad Administration (FRA)
  • The Maritime Administration
  • Nuclear Regulatory Commission (NRC)
  • Securities and Exchange Commission (SEC)