Driver records: Balancing safety and privacy needs

The Driver Safety Performance History Regulation

There are really two sets of requirements for fleets: one applies to your fleet when you are hiring a driver and the second applies when another carrier asks for information about a driver who is or was employed by your company.

Here is a checklist of the requirement basics. For complete information, go to www.fmcsa.dot.gov/rulesregs/fmcsr/reg/391.23.htm:

When hiring a driver, fleets must:

· Inquire about the applicant's driving record during the preceding three years with each state driver record agency in which the driver applicant held a motor vehicle operator's license or permit.

· Request information from all previous employers who hired the applicant to operate a commercial motor vehicle within the past three years, beginning from the date of his or her application to your company.

· Provide the previous employer(s) with the driver's written authorization to obtain his or her Safety Performance History (often done via a signed release form).

· Provide the applicant driver with his or her previous employer records within five days of receiving a written request from the driver or within five days of having received the Safety Performance History if the driver's request arrives before you get the report.

· Before the hiring decision is made, notify the driver applicant in writing of his or her rights in this process, including the right to review his or her Safety Performance History and submit a rebuttal or request for the correction of any erroneous information. Your company must do this for all driver applicants, even those you do not hire.

· Place the replies to these investigations with states and prior employers in the Driver Investigation History File.

When asked by another carrier for information about a driver who is or was in your employ over the past three years, fleets must:

· Provide the required information in writing within 30 days of receiving the request. This includes:

a) Verifying that the applicant worked for your company and the dates of employment;

b) Any information concerning the driver's alcohol and drug use history over the past three years, specifically any violations of DOT alcohol and drug use regulations;

c) Information indicating whether the applicant failed to complete a substance abuse rehabilitation program if one was prescribed;

d) Information indicating whether the driver illegally used alcohol or other controlled substances after having completed a prescribed rehabilitation program;

e) Information about any accidents (as defined in the regulations) in which the driver may have been involved.

· Respond within 15 days to any request by the driver for a correction of information in the Safety Performance History that he or she considers to erroneous.

· If a driver elects to submit a rebuttal to your report, forward that rebuttal to the prospective employer within five days.

· Add a copy of the driver's rebuttal to his or her Safety Performance History.

Motor carriers must retain drivers' accident information for three years, beginning with accidents that occurred after April 29, 2003. Fleets must also retain all the alcohol and drug testing information, including information gathered from previous employers, along with the drivers' authorizations to obtain that information. Safety Performance History files are to be treated as strictly confidential and used only for hiring decisions, although fleets are permitted to share driver information that does not pertain to drug/alcohol use with insurance providers.