Yes, employers can run a background check and a drug test in the same onboarding window, but they are two separate processes with two separate consent paths, two separate timelines, and (for DOT-regulated roles) two separate rulebooks that cannot be mixed. A background check is a consumer report governed by the Fair Credit Reporting Act. A drug test is a screening process governed by your company policy or, for safety-sensitive transportation roles, by 49 CFR Part 40. Sequencing them correctly keeps the offer, the authorizations, and the final decision defensible.
This guide walks through what each process actually is, how to sequence them around a contingent offer, why the two rarely finish on the same day, and what to do when one clears and the other does not.
What a background check is, and is not
A pre-employment background check is a consumer report under the FCRA when it is procured by a third party like Reveal and used for employment purposes. That status is what triggers specific obligations before you can order one. Under 15 U.S.C. 1681b(b)(2), before you procure the report you must give the applicant a clear and conspicuous written disclosure that a report may be obtained, and get their written authorization (15 U.S.C. 1681b(b)(2)).
A background check is reporting, not a verdict. It surfaces records such as criminal history, employment and education verification, or motor vehicle records for a hiring manager to review. It does not make the hiring decision, and it does not determine on its own whether a candidate is qualified. Reveal’s employment background check service is built around that individualized review, not an automated pass or fail.
What a drug test is, and is not
A pre-employment drug test is a separate screening process with its own consent form, its own collection and lab chain of custody, and its own result. It is not a background check, and it is not covered by the FCRA reporting and adverse action mechanics described above. An initial drug screen result is a screening result, not a diagnosis. Non-negative screens are routed to confirmation testing and, in DOT-regulated programs, reviewed by a Medical Review Officer before anyone treats the result as final.
For safety-sensitive transportation positions subject to DOT agency rules, drug and alcohol testing follows the procedures in 49 CFR Part 40, which the regulation itself describes as telling “all parties who conduct drug and alcohol tests required by Department of Transportation (DOT) agency regulations how to conduct these tests and what procedures to use” (49 CFR 40.1). A separate, non-DOT company drug testing program is not required to follow Part 40, and the two cannot be blended. 49 CFR 40.13 states plainly that “DOT tests must be completely separate from non-DOT tests in all respects,” that DOT tests must be conducted and completed before a non-DOT test begins, and that DOT collection forms cannot be used in a non-DOT program (49 CFR 40.13). For roles that touch driving duties, Reveal’s transportation background check service and the FMCSA Clearinghouse work alongside DOT testing rather than replacing it; see our post on FMCSA Clearinghouse queries for how that separate query requirement fits into a driver hiring flow.
Background check vs. drug test at a glance
| Question | Background check | Drug test |
|---|---|---|
| What it is | A consumer report under the FCRA | A physical or lab screening process |
| Governing framework | Fair Credit Reporting Act, 15 U.S.C. 1681 | Company policy, or 49 CFR Part 40 for DOT-regulated roles |
| Consent needed | Standalone written disclosure and authorization | Separate consent specific to the drug testing program |
| What a negative outcome means | Information for individualized review, not an automatic disqualification | A screening result that non-negative outcomes route to confirmation, not a diagnosis |
| If the employer acts adversely | Pre-adverse action notice, report copy, Summary of Rights, then final notice | Governed by the drug testing program’s own review and, where applicable, MRO process |
| Can DOT and non-DOT be combined? | Not applicable | No, 49 CFR 40.13 requires them to stay separate |
Sequencing both around the contingent offer
Most employers extend an offer contingent on the candidate clearing both the background check and, where applicable, the drug test. Getting the sequence right protects the offer and keeps the paperwork clean.
1. Extend the contingent offer first
State clearly that the offer depends on the results of a background check and, if applicable, a drug test. This gives the candidate context before you ask them to sign anything.
2. Collect the two consents separately
The background check disclosure and authorization is its own document, required under 15 U.S.C. 1681b(b)(2) before the report is procured. The drug test consent is a different form tied to your testing program or, for DOT-regulated roles, to the DOT testing process. Do not combine them into one signature, and do not fold either one into a general application or offer letter.
3. Order the background check
Once authorization is on file, submit the request to your screening provider. Reveal’s pricing page outlines how search packages are put together for different roles and industries.
4. Schedule the drug test on its own track
Send the candidate to collection on the timeline your program requires. If the role is DOT-regulated, the DOT test must be completed on the DOT-compliant collection form and process, kept entirely separate from any non-DOT program the company runs for other positions, per 49 CFR 40.13.
5. Review both results individually before finalizing
Do not let one process gate the other unless your policy specifically requires it. Review each result on its own facts before making a final decision.
Why the two rarely finish on the same day
A background check depends on how many searches are in the package, whether county courts or verification sources respond quickly, and whether any record requires manual review. A drug test depends on collection scheduling, lab turnaround, and whether a non-negative initial result needs confirmation testing and, for DOT tests, Medical Review Officer review. Because the two run through different vendors, different data sources, and different review chains, it is common for one to come back well before the other. Building the offer language and start date around “pending both results” rather than a single expected date avoids having to walk anything back.
What to do when one clears and the other does not
Treat each result on its own track.
If the background check surfaces information that could affect the decision, that triggers the FCRA’s pre-adverse action process regardless of what the drug test shows. Under 15 U.S.C. 1681b(b)(3), before taking adverse action based on the report the employer must give the applicant a copy of the report and a written description of their rights under the FCRA (15 U.S.C. 1681b(b)(3)). Separately, 15 U.S.C. 1681m sets out what a final adverse action notice must include: notice of the adverse action, the name, address, and telephone number of the reporting agency, a statement that the reporting agency did not make the decision and cannot explain the specific reasons, and information about the consumer’s right to a free copy of the report and to dispute its accuracy or completeness (15 U.S.C. 1681m). A reasonable waiting period between the pre-adverse action notice and the final notice is part of that process. Criminal history on its own does not automatically disqualify a candidate; it calls for individualized review of what was found and how it relates to the role.
If the drug test result is non-negative, follow your program’s own confirmation and review steps, or, for DOT-regulated testing, the Medical Review Officer process, before treating anything as final. A non-negative initial result is a screening outcome that is confirmed or explained, not a standalone conclusion.
Because the two processes have different legal bases, an employer should not let a delay or a flag in one process bleed into how the other is documented. Keep the files, the notices, and the timelines separate, matching the way the regulations treat them.
Frequently asked questions
Can we ask a candidate to sign one form authorizing both the background check and the drug test?
The background check disclosure and authorization has to be a standalone document under the FCRA, separate from other paperwork. The drug test consent is a different process with its own requirements. Keeping them as two distinct forms matches how each is regulated.
Does a positive drug screen trigger the same adverse action process as a background check?
No. The FCRA’s pre-adverse action and adverse action notice requirements apply to consumer reports, which is what a background check is. A drug test is reviewed under your company’s testing program policy or, for DOT-regulated roles, under the Part 40 and Medical Review Officer process, not the FCRA notice steps.
Can a company run one combined drug testing program for both DOT-regulated and non-DOT-regulated employees?
No. 49 CFR 40.13 requires DOT tests to be completely separate from non-DOT tests in all respects, including using different collection forms and completing the DOT test before any non-DOT test begins.
Do we need a new authorization every time we order another background check on the same employee later?
This question depends on your specific program design and the scope of the original authorization, which is a question for your own counsel rather than something we can answer generally here.
What happens if the background check comes back clean but the drug test does not, or the other way around?
Review each result on its own facts and its own process. A clean result in one area does not offset a flag in the other, and each is documented and decided through its own track, not combined into a single verdict.
How fast can both be done before a start date?
Timelines vary by the searches or the testing steps involved and by how quickly outside sources respond, so it is best to build a start date around both results being pending rather than a fixed number of days.
General information, not legal advice
This article is general information about how employers commonly structure background screening and drug testing in onboarding. It is not legal advice, requirements vary by state and change over time, and employers should confirm their current obligations, including any DOT-specific requirements that apply to their operation, with their own counsel.
