DALLAS, TX. Here at Waste Expo, a Federal Motor Carriers Safety Administration (FMCSA) representative revealed that a new law effective October 29 will mandate creation of Driver Investigation History Files (DIHF) for operators of waste-collection vehicles.
According to Duane Baker, FMCSA safety investigator, the new rule will require the DIHF for each driver to contain at least three years of former employment history, the results of prior drug/alcohol testing, and data on any and all traffic violations.
“If fleets haven’t started putting together these kinds o driver profiles they need to start now—to get ready for the new law,” Baker said during a presentation at the solid-waste management conference. Baker noted these two key provisions: · Drivers must give written permission before a DIHF on them is created · If they don’t give that permission, they cannot be hired.
“It’s part of the drivers’ due process rights under the law,” Baker said. “Drivers are allowed to view all information in their DIHF and file complaints to correct any information.”
Another important aspect of the new reg is that previous employers must release all drug/alcohol testing results, work history and other data to an employer creating a DIHF for an individual. If not, Baker said, they will be penalized.
“No longer can a previous employer say, ‘I’ll be sued!’ as an excuse for not sharing driver histories,” he stated. “They must share them; that’s what the law says.
“This law is designed to get the ‘bad actors’ off the road—the bad drivers that hurt everyone,” Baker added. “And we’re depending on you, the fleets, as our front line to help us do that.”