Q. If a driver is terminated and returns to safety-sensitive functions with the same employer, is the driver subject to a drug and alcohol pre-employment test before returning to work?

A. If a driver has been removed from a DOT random testing pool for more than 30 days, the employer must give the driver a pre-employment test and a negative test result must be received before the driver may operate a commercial motor vehicle (CMV). If less than 30 days has passed since the driver was under the DOT random testing program, the employer may re-employ the driver without a pre-employment drug test.  This situation only applies to employment with the same employer.  [§382.301, Question 3]