ATA Safety & HR Conference 2014
Trucking Safety: Best Practices, Compliance & Training Seminar
Driver Qualifications/Qualifying Drivers – Background Screening
Kent Ferguson, Director Transportation Solutions
HireRight Legal Statement
HireRight prepared these materials for informational
purposes only. These materials are not intended to be
comprehensive, and are not a substitute for, and should
not be construed as, legal advice.
HireRight does not warrant any statements in these
materials. Employers should direct to their own
experienced legal counsel questions involving their
organization’s compliance with or interpretation or
application of laws or regulations and any additional
legal requirements that may apply.
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Proprietary and Confidential — HireRight
Agenda Topics
 Key reasons motor carriers screen
 FMCSA screening requirements
 Screening over the minimum
 FMCSA notification & dispute process
 Background screening compliance landscape
 Recent/upcoming screening regulatory issues
Q&A
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Why Motor Carriers Pre-Screen
 Regulatory Requirements
 Risk Mitigation:
» Reduce exposure to accidents/theft
» Negligent hiring/retention
 Insurance Guidelines
 Reduce probability of violence /injury to customers
and/or employees
 Reduce turnover – Hire the right fit for your company
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The Value of Screening
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FMCSA Screening Requirements
 Motor Vehicle Reports (MVR) – 391.23 & 391.25
» MVR on all licenses/permits held in the preceding 3 years
» MVR required annually
 Employment History Verification – 391.23
» DOT recordable accidents as defined by 390.5
• Must include data elements contained in 390.15
 Drug/Alcohol Violation History - 391 & 40.25
» Driver’s written consent meeting requirements of 40.321
» Maintain a record of the information released (date, who,
summary)
 Physical Qualification 391.41
 Drug Testing – Part 40
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Additional Inquiries Over the Minimum
 Commercial Driver’s License Information System
(CDLIS)
 Criminal Record Searches
» Perfected Database Search
» County Searches
» State Searches
 Credit Bureau Data to Identify Prior Addresses
 Pre-Employment Screening Program (PSP)
» 3 years roadside inspection history
» 5 years DOT recordable accident information
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Additional Inquiries… continued
 Employment & Drug/Alcohol History Databases
» Outside the control of the applicant
» Contains information on companies no longer in business
» Instant access to improve time to hire
 Personality Assessment Tools
 Social Security Number (SSN)
» Validation/Verification products
 Employment Eligibility (E-Verify)
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FMCSA Notification & Dispute Process - 391
Driver Notification of Rights
Driver Has the Right
to Review Previous
Employer Provided
Information
Rebuttals can be Submitted
without a Request for Correction
Drivers May Submit
Rebuttal to the
Previous Employer
May Request
Correction of
Information from
Previous
Employer
Whistleblower Provision for Not Complying
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Screening Compliance is Evolving
 EEOC Guidance on the Use of Criminal Records in Employment
Decisions
» No blanket exclusion for past arrests/convictions
» Must be relevant to position & business necessity
» Implement processes for “individual assessments”
50th Anniversary
of Civil Rights Act
1965-2015
» Ensure proper notices are given to denied applicants
 Expect more EEOC charges and broad-based investigations
 Recent State and Local Developments
» States restricting usage of credit for hiring/employment purposes (10)
» “Ban the Box” laws prohibit inquiring about criminal history on the
application
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Ban the Box Fair Hiring Laws
Six States have
removed the
conviction history
question on job
applications for
private employers
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Source: Ban the Box, National Employment Law Project, September 2014
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Hawaii
Illinois
Massachusetts
Minnesota
New Jersey
Rhode Island
Criminal Checks Important in Vetting Applicants
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Screening Compliance Continued
 Ongoing Class Action & Consumer Suits
Related to:
» FCRA Class Action Lawsuits
– Targeting alleged inadequate
disclosure/authorization forms
– Deficient procedures for providing “adverse
action” notices
» Employers should review & update procedures
related to these issues
» CRAs tightening policies around what kind of
employment screening data can be returned
for hiring purposes
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Transportation Regulatory Changes
 Drug/Alcohol Test Results National Clearinghouse
» Comments for the Notice of Proposed Rule Making (NPRM) have been
submitted. HireRight’s comments were included with ATA & NAPBS.
» Congress originally requested a June 2014 completion date. Not likely to be
any sooner than mid-2016.
 National Registry of Certified Medical Examiners
» Medical examiners who conduct DOT physicals must be certified and
entered into the national registry
» Implementation date was May 21, 2014 where all qualifying medical
examinations must be conducted by examiners listed on the registry
» Telemedicine process in the works with FMCSA to help address coverage
gaps in available certified examiners.
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Transportation Regulatory Changes
 Medical Certification Information Added to Driving Records
» Currently 46 states are reporting some form of medical
certification information on the MVR
» FMCSA is working with states to upgrade their reporting to cover
the data elements required in 383.73(n)(2)(iii)
» Deadline for all states to report extended until January 2015
 Participation in an MVR Monitoring Program as an
Alternative to the Annual MVR Requirement
» FMCSA to issue guidance allowing for participation in these
programs to be sufficient for the annual MVR requirement
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Questions??
www.hireright.com/transportation
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