FMCSA Sets Rules For Tracking Driver Safety Performance

Oliver B.Patton
Washington Editor

      Trucking companies are required to obtain information about the prior safety performance of a driver who is applying for a job, but former employers frequently are reluctant to supply the information for fear that they will be sued for disclosing private information.
      That state of affairs is going to change, under a new rule by the Federal Motor Carrier Safety Administration.
      The rule, which took effect April 29, limits the liability of former employers, spells out the specific information that must be exchanged and sets a timetable for the process.
      The core requirements of this information exchange are already spelled out in law. For example, prospective employers must ask state agencies for an applicant's driving record, and must obtain the driver's employment history from former employers over the past three years. Until now, however, the rule book has not been explicit about the details.
      The process begins with the job application. A driver must supply the names and addresses of his employers for the previous three years, the dates of employment and the reasons for leaving, among other information. The prospective employer must notify the driver in writing of his right to review, correct or rebut any information obtained from former employers.
      Former employers must confirm employment and pass on information about accidents and alcohol and drug test results, or refusals to be tested. The former employer also must report if the driver did not complete a rehabilitation program prescribed by a substance abuse professional, or if the driver used alcohol or controlled substances after completing a rehabilitation program. If the driver's record is clean, the former employer must say so. The former employer must keep a copy of this exchange for one year.
      Former employers have 30 days to respond to these requests, or prove they have made a good faith effort to respond. Trucking interests had told the agency that 30 days is too long, explaining that it slows the hiring process and creates a problem for fleets struggling with a shortage of drivers. But the agency held firm, saying that the carrier always can hire the driver before the information is available.
      The driver has a right to see the information obtained from his former employer - the new employer has five days to show the driver the records, once the driver files a written request.
      Companies that do not keep driver information will face fines: $550 a day, up to a limit of $5,500. If a company does not provide the information when asked, it can be fined as much as $11,000. The company may charge a fee for providing the information, but it may not withhold the information until it gets the fee.
      The agency warned that a former employer who does not provide the information can be found liable if the prospective employer hires an unsafe driver who gets into an accident. And if a driver proves that a former employer provided false information, the liability limitation does not apply, exposing the former employer to a court-ordered penalty.
      The rule increases the time companies must retain accident information from one year to three years. The accident register, as it is called, must contain a list of accidents, including dates, locations, the number of injuries or fatalities, whether hazardous materials were involved and copies of official reports.
      The final rule was published in the Federal Register on March 30 (www.gpoaccess.gov).

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