Motor carriers subject to the Federal Motor Carrier Safety Regulations (FMCSR) must perform an investigation of a new driver's safety performance history, for drivers that were employed by a Department of Transportation- (DOT) regulated employer to operate a commercial motor vehicle (CMV), from the driver's previous employer(s) for the preceding 3 years. The investigation must be made within 30 days of the date a driver's employment begins. The investigation may consist of personal interviews, telephone interviews, letters, or any other method of obtaining information that the motor carrier deems appropriate.

The prospective motor carrier must investigate, at a minimum:

General driver identification and employment verification information;
Accident history, including all the data elements required in the motor carrier's accident register; and,
Where the driver was required to comply with the DOT's alcohol and controlled substances testing program, whether within the previous three years, the driver had violated the alcohol and controlled substances prohibitions; failed to undertake or complete a substance abuse professional (SAP) prescribed rehabilitation program (if the previous employer doesn't know, the prospective motor carrier must obtain documentation from the driver); or, if completed, had a subsequent alcohol or controlled substance testing violation.

A prospective employer must provide the previous employer a written consent form from the driver to release the alcohol and controlled substance information (i.e. a statement signed by the employee that he or she agrees to the release of a particular piece of information to a particular, explicitly identified, person or organization at a particular time). "Blanket releases," in which an employee agrees to a release of a category of information (e.g., all test results), are prohibited. Should the driver refuse to provide consent, the prospective motor carrier cannot allow the driver to operate a CMV.

Each motor carrier must maintain a written record with respect to each past employer who was contacted, or good faith efforts to do so. The record must include the past employer's name and address, the date the previous employer was contacted, or the attempts made, and the information received about the driver. Failure to contact a previous employer, or of them to provide the required safety performance history information, must be documented. For drivers who have had no previous employment with a DOT-regulated carrier, documentation that no investigation was possible must be placed in the driver history investigation file.

Previous DOT-regulated employers must respond to the safety performance history information requests within 30 days after the request is received. If there is no safety performance history information to report, the previous motor carrier is required to send a response confirming the non-existence of data, and identification information and dates of employment of the driver. Previous employers are required to take all reasonable precautions to ensure the accuracy of the driver's records, to provide specific contact information in the event a driver chooses to contact the previous employer regarding correction or rebuttal of the data, and keep a record of each request and response for one year that includes the date of the response, the party to whom it was released, and a summary identifying what information was provided.

Driver Safety Performance History File

A motor carrier is required to maintain the results of a driver's safety performance history in a secure location with controlled access. The motor carrier must ensure that access to the data is limited to those who are involved in the hiring decision, or who control access to the data, or an authorized third party (e.g., FMCSA agent) and that the data is only used for the hiring decision. In addition, the motor carrier's insurer may have access to the data, except for the alcohol and controlled substances data.

The file must include:

A copy of the driver's written authorization for the motor carrier to seek information about the driver's alcohol and controlled substances history.
Copies of responses received from previous employers including the previous employer's name and address, the date the previous employer was contacted, and the information received about the driver. Failure to contact a previous employer, or of them to provide the required safety performance history information, also must be documented.

The safety performance histories received from previous employers for a driver who is hired must be retained for as long as the driver is employed by the motor carrier and for three years thereafter.

Source: ISO Services Properties, Inc