Transcript Driver Qualifications

ATA Safety & HR Conference 2014
Trucking Safety: Best Practices, Compliance & Training Seminar
Driver Qualifications/Qualifying Drivers – Background Screening
Kent Ferguson, Director Transportation Solutions
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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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