Safety performance history questionnaires are standard procedure as designated by the Federal Motor Carrier Safety Administration (FMCSA) when a new driver is being considered for hire by a motor carrier. The purpose of driver investigations is to ensure that a potential new hire is not a liability, as demonstrated by previous violations at other companies.
Beginning in 2023, one component of the standard safety performance history questionnaire will be removed from consideration. This component involves Part 382 violations or those that pertain to alcohol or substance use. As of January 2023, motor carriers conducting driver investigations through a safety performance history will no longer ask about Part 382 violations from former FMCSA employers.
Conducting a Safety Performance History is Still Required
Despite the change to safety performance history questions required of potential new hires, conducting a safety performance history is still important. Motor carriers will need to conduct driver investigations that date back three years, and former employers will need to be asked about employment history, dates of employment, and general employment verification.
Additionally, motor carriers will need to ask about a candidate’s DOT crash history and any appearances on the accident register. Lastly, additional accidents not required to be reported in the DOT accident register can be asked about, but it is not mandatory for a former employer to provide answers.
Checking for Violations Outside of the Safety Performance History
Although the alcohol and substance abuse portion has been removed from the safety performance history questionnaire, motor carriers will still have options to look into this area of a candidate’s history. Part 382 violations are still logged in the CDL Drug and Alcohol Clearinghouse. If a candidate has a past incident involving drugs or alcohol, the violation will be logged here if the driver has not completed the return-to-duty protocols. The Clearinghouse will have three years’ worth of data to search as of 2023.
If a history of alcohol or substance abuse is found while investigating a candidate’s past, motor carriers are required to look into DOT testing violations. If a DOT testing violation is discovered, the motor carrier must inquire with former employers about the matter. A copy of any substance abuse treatment plans must be requested by the motor carrier, and the candidate must give written consent for the parties requesting and releasing information.
Now is the Time to Prepare
It would be a good idea for motor carriers to train their screening personnel now regarding changes to the process in preparation for the January 2023 changes. Despite changes to screening protocols, motor carriers still have a duty to vet drivers thoroughly and act on the information they receive. Motor carrier safety performance history forms should also be inspected and updated to reflect the new changes. For further details, you can visit the FMCSA Drug and Alcohol Clearinghouse online.
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https://www.truckinginfo.com/10184682/driver-investigations-changing-in-2023
