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Past employment verifications on drivers (DOT drug and alcohol testing)
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<blockquote data-quote="kokobug" data-source="post: 4890278" data-attributes="member: 82547"><p>[USER=48491]@542thruNthru[/USER], </p><p>Maybe I'm dramatic lol, but as a bookend, the regs: </p><h2><a href="https://www.ecfr.gov/cgi-bin/text-idx?gp=1&SID=&h=L&mc=true&tpl=/ecfrbrowse/Title49/49tab_02.tpl" target="_blank">Title 49</a> → <a href="https://www.ecfr.gov/cgi-bin/text-idx?gp=1&SID=&h=L&mc=true&tpl=/ecfrbrowse/Title49/49subtitleB.tpl" target="_blank">Subtitle B</a> → <a href="https://www.ecfr.gov/cgi-bin/text-idx?gp=1&SID=&h=L&mc=true&tpl=/ecfrbrowse/Title49/49chapterIII.tpl" target="_blank">Chapter III</a> → <a href="https://www.ecfr.gov/cgi-bin/text-idx?gp=1&SID=&h=L&mc=true&tpl=/ecfrbrowse/Title49/49CIIIsubchapB.tpl" target="_blank">Subchapter B</a> → Part §391.23 Investigation and inquiries.</h2><p>(a) Except as provided in subpart G of this part, each motor carrier shall make the following investigations and inquiries with respect to each driver it employs, other than a person who has been a regularly employed driver of the motor carrier for a continuous period which began before January 1, 1971:</p><p></p><p>(1) An inquiry, within 30 days of the date the driver's employment begins, to each State where the driver held or holds a motor vehicle operator's license or permit during the preceding 3 years to obtain that driver's motor vehicle record.</p><p></p><p>(2) An investigation of the driver's safety performance history with Department of Transportation regulated employers during the preceding three years.</p><p></p><p>(b) A copy of the motor vehicle record(s) obtained in response to the inquiry or inquiries to each State required by paragraph (a)(1) of this section must be placed in the driver qualification file within 30 days of the date the driver's employment begins and be retained in compliance with §391.51. If no motor vehicle record is received from the State or States required to submit this response, the motor carrier must document a good faith effort to obtain such information, and certify that no record exists for that driver in that State or States. The inquiry to the State driver licensing agency or agencies must be made in the form and manner each agency prescribes.</p><p></p><p>(c)(1) Replies to the investigations of the driver's safety performance history required by paragraph (a)(2) of this section, or documentation of good faith efforts to obtain the investigation data, must be placed in the driver investigation history file, after October 29, 2004, within 30 days of the date the driver's employment begins. Any period of time required to exercise the driver's due process rights to review the information received, request a previous employer to correct or include a rebuttal, is separate and apart from this 30-day requirement to document investigation of the driver safety performance history data.</p><p></p><p>(2) The investigation may consist of personal interviews, telephone interviews, letters, or any other method for investigating that the carrier deems appropriate. Each motor carrier must make a written record with respect to each previous employer contacted, or good faith efforts to do so. The record must include the previous employer's name and address, the date the previous employer was contacted, or the attempts made, and the information received about the driver from the previous employer. Failures to contact a previous employer, or of them to provide the required safety performance history information, must be documented. The record must be maintained pursuant to §391.53.</p><p></p><p>(3) Prospective employers should report failures of previous employers to respond to an investigation to the FMCSA and use the complaint procedures specified at §386.12 of this subchapter. Keep a copy of the reports in the driver investigation history file as part of documenting a good faith effort to obtain the required information.</p><p></p><p>(4) Exception. For drivers with no previous employment experience working for a DOT-regulated employer during the preceding three years, documentation that no investigation was possible must be placed in the driver investigation history file, after October 29, 2004, within the required 30 days of the date the driver's employment begins.</p><p></p><p>(d) The prospective motor carrier must investigate, at a minimum, the information listed in this paragraph from all previous employers of the applicant that employed the driver to operate a CMV within the previous three years. The investigation request must contain specific contact information on where the previous motor carrier employers should send the information requested.</p><p></p><p>Also, </p><p><a href="https://www.ecfr.gov/cgi-bin/text-idx?gp=1&SID=&h=L&mc=true&tpl=/ecfrbrowse/Title49/49tab_02.tpl" target="_blank">Title 49</a> → <a href="https://www.ecfr.gov/cgi-bin/text-idx?gp=1&SID=&h=L&mc=true&tpl=/ecfrbrowse/Title49/49subtitleB.tpl" target="_blank">Subtitle B</a> → <a href="https://www.ecfr.gov/cgi-bin/text-idx?gp=1&SID=&h=L&mc=true&tpl=/ecfrbrowse/Title49/49chapterIII.tpl" target="_blank">Chapter III</a> → <a href="https://www.ecfr.gov/cgi-bin/text-idx?gp=1&SID=&h=L&mc=true&tpl=/ecfrbrowse/Title49/49CIIIsubchapB.tpl" target="_blank">Subchapter B</a> → Part §382.405 Access to facilities and records.</p><p></p><p>(friend) Records shall be made available to a subsequent employer upon receipt of a written request from a driver. Disclosure by the subsequent employer is permitted only as expressly authorized by the terms of the driver's request.</p><p></p><p>Just playing by the rules boss.</p></blockquote><p></p>
[QUOTE="kokobug, post: 4890278, member: 82547"] [USER=48491]@542thruNthru[/USER], Maybe I'm dramatic lol, but as a bookend, the regs: [HEADING=1][URL='https://www.ecfr.gov/cgi-bin/text-idx?gp=1&SID=&h=L&mc=true&tpl=/ecfrbrowse/Title49/49tab_02.tpl']Title 49[/URL] → [URL='https://www.ecfr.gov/cgi-bin/text-idx?gp=1&SID=&h=L&mc=true&tpl=/ecfrbrowse/Title49/49subtitleB.tpl']Subtitle B[/URL] → [URL='https://www.ecfr.gov/cgi-bin/text-idx?gp=1&SID=&h=L&mc=true&tpl=/ecfrbrowse/Title49/49chapterIII.tpl']Chapter III[/URL] → [URL='https://www.ecfr.gov/cgi-bin/text-idx?gp=1&SID=&h=L&mc=true&tpl=/ecfrbrowse/Title49/49CIIIsubchapB.tpl']Subchapter B[/URL] → Part §391.23 Investigation and inquiries.[/HEADING] (a) Except as provided in subpart G of this part, each motor carrier shall make the following investigations and inquiries with respect to each driver it employs, other than a person who has been a regularly employed driver of the motor carrier for a continuous period which began before January 1, 1971: (1) An inquiry, within 30 days of the date the driver's employment begins, to each State where the driver held or holds a motor vehicle operator's license or permit during the preceding 3 years to obtain that driver's motor vehicle record. (2) An investigation of the driver's safety performance history with Department of Transportation regulated employers during the preceding three years. (b) A copy of the motor vehicle record(s) obtained in response to the inquiry or inquiries to each State required by paragraph (a)(1) of this section must be placed in the driver qualification file within 30 days of the date the driver's employment begins and be retained in compliance with §391.51. If no motor vehicle record is received from the State or States required to submit this response, the motor carrier must document a good faith effort to obtain such information, and certify that no record exists for that driver in that State or States. The inquiry to the State driver licensing agency or agencies must be made in the form and manner each agency prescribes. (c)(1) Replies to the investigations of the driver's safety performance history required by paragraph (a)(2) of this section, or documentation of good faith efforts to obtain the investigation data, must be placed in the driver investigation history file, after October 29, 2004, within 30 days of the date the driver's employment begins. Any period of time required to exercise the driver's due process rights to review the information received, request a previous employer to correct or include a rebuttal, is separate and apart from this 30-day requirement to document investigation of the driver safety performance history data. (2) The investigation may consist of personal interviews, telephone interviews, letters, or any other method for investigating that the carrier deems appropriate. Each motor carrier must make a written record with respect to each previous employer contacted, or good faith efforts to do so. The record must include the previous employer's name and address, the date the previous employer was contacted, or the attempts made, and the information received about the driver from the previous employer. Failures to contact a previous employer, or of them to provide the required safety performance history information, must be documented. The record must be maintained pursuant to §391.53. (3) Prospective employers should report failures of previous employers to respond to an investigation to the FMCSA and use the complaint procedures specified at §386.12 of this subchapter. Keep a copy of the reports in the driver investigation history file as part of documenting a good faith effort to obtain the required information. (4) Exception. For drivers with no previous employment experience working for a DOT-regulated employer during the preceding three years, documentation that no investigation was possible must be placed in the driver investigation history file, after October 29, 2004, within the required 30 days of the date the driver's employment begins. (d) The prospective motor carrier must investigate, at a minimum, the information listed in this paragraph from all previous employers of the applicant that employed the driver to operate a CMV within the previous three years. The investigation request must contain specific contact information on where the previous motor carrier employers should send the information requested. Also, [URL='https://www.ecfr.gov/cgi-bin/text-idx?gp=1&SID=&h=L&mc=true&tpl=/ecfrbrowse/Title49/49tab_02.tpl']Title 49[/URL] → [URL='https://www.ecfr.gov/cgi-bin/text-idx?gp=1&SID=&h=L&mc=true&tpl=/ecfrbrowse/Title49/49subtitleB.tpl']Subtitle B[/URL] → [URL='https://www.ecfr.gov/cgi-bin/text-idx?gp=1&SID=&h=L&mc=true&tpl=/ecfrbrowse/Title49/49chapterIII.tpl']Chapter III[/URL] → [URL='https://www.ecfr.gov/cgi-bin/text-idx?gp=1&SID=&h=L&mc=true&tpl=/ecfrbrowse/Title49/49CIIIsubchapB.tpl']Subchapter B[/URL] → Part §382.405 Access to facilities and records. (friend) Records shall be made available to a subsequent employer upon receipt of a written request from a driver. Disclosure by the subsequent employer is permitted only as expressly authorized by the terms of the driver's request. Just playing by the rules boss. [/QUOTE]
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