Verification CFR 49 Part 40

Failed drug test doesn't show on a PSP. Previous employer is required to give that info. Also any DOT recordable accidents.

 

A previous employer has 30 days to respond, and they are only required to confirm employment period, if you were subject to drug and alcohol testing under DOT regulations, and if you ever failed a drug or alcohol test. Generally, they are not permitted to release any other drug or alcohol test results directly to prospective employers, medical information, employee files, etc. Usually they will not tell another employer anything other than if you are eligible for rehire and if you failed/refused any required tests.

I believe your prospective new employer either does not know what they are doing, or is using this as an excuse to not hire you. By law, they can hire you without the response from the previous employer, all they have to do is note in your driver qualification file the dates and methods used to send the inquiry to your previous employer and the fact they received no response.

Guidance for § 391.23: Investigation and inquiries.
Question 1: When a motor carrier receives a request for driver information from another motor carrier about a former or current driver, is it required to supply the requested information?

Guidance: Generally no. See §382.405, however, for requests pertaining to drug and alcohol records.

Guidance for § 382.405
Question 2: Must a motor carrier respond to a third-party administrator’s request (as directed by the specific, written consent of the driver authorizing release of the information on behalf of an entity such as a motor carrier) to release driver information that is contained in records required to be maintained under §382.401?

Guidance: Yes. However, the third-party administrator must comply with the conditions established concerning confidentiality, test results, and record keeping as stipulated in the "Notice: Guidance on the Role of Consortia and Third-Party Administrators (C/TPA) in U.S. Department of Transportation (DOT) Drug and Alcohol Testing Programs" published on July 25, 1995, in Volume 60, No. 142, in the Federal Register.Motor carriers must comply completely with 49 CFR 382.413 and 382.405 as well as any applicable regulatory guidance. Please note that written consent must be obtained from the employee each time part 382 information is provided to a C/TPA, the consent must be specific to the individual or entity to whom information is being provided, and that blanket or non-specific consents to release information are not allowed.

Guidance for § 382.413: Inquiries for alcohol and controlled substances information from previous employers.
Question 1: What is to be done if a previous employer does not make the records available in spite of the employer’s request along with the driver’s written consent?

Guidance: Employers must make a reasonable, good faith effort to obtain the information. If a previous employer refuses, in violation of §382.405, to release the information pursuant to the new employer’s and driver’s request, the new employer should note the attempt to obtain the information and place the note with the driver’s other testing information (59 FR 7501, February 14, 1994).

 

If it is a small company many of them don't know what they are required to do or can can can't ask/expect to get from previous employers.

 

Take to the new company the information brian posted. It just may be they don't know.
Good luck.