Is it legal to charge a fee for verification of a prior drivers employment/accident/drug history? I have heard yes and I have heard no.

Charging a de minimis fee for driver verification is a long established industry practice. Some carriers charge and some do not.

De Minimis, by the way is an abbreviated form of the Latin Maxim — de minimis non curat lex — or “the law cares not for small things.”

Guidance from the DOT says:

§40.25                                                                                 11/03

QUESTION:

May the previous employer delay sending an employee’s drug and alcohol testing information to the gaining employer pending payment for the cost of the information?

ANSWER:

• No. Part 40 specifically requires that previous employers immediately provide the gaining employer with the appropriate drug and alcohol testing information.

• No one (i.e., previous employer, service agent [to include C/TPA], employer information / data broker) may withhold this information from the requesting employer pending payment for it.