The United States Department of Transportation (DOT) manages companies that employ drivers of commercial vehicles. Driver safety is of extreme importance not only for the reputations of businesses under DOT regulations but also for the safety of their employees and everyone else on the road. These companies must use a background check specific to the DOT to certify drivers in their hiring process.

What companies are required to conduct DOT background checks?

Organizations that hire drivers to handle the following types of vehicles are bound to DOT mandates:

• Require a Class A, B, or C Commercial Driver’s License to operate (syn)

• Used to transport hazardous materials

• Weighing over 10,000 lbs.

• Transporting 9 or more passengers (including the driver) for compensation

• Transporting 16 or more passengers (including the driver) regardless of if it is for compensation

How is a DOT background check different from a standard one?

A background check for a DOT-regulated company has a more direct focus on the applicant’s driving record. The screening must be completed before onboarding a new driver and updated annually. Understanding the screening rules will help you hire safe drivers and avoid costly accidents and legal issues. A DOT background check requires:

• FMCSA Drug and Alcohol Screen- The Clearinghouse database keeps records of commercial drivers who have failed a drug test. Before putting a new driver on the road, a query to the clearinghouse will reveal if a driver has failed a drug test.

• DOT Drug Test- Thorough test with specific guidelines

• Must be given prior to employment

• Must screen for marijuana, cocaine, and opiates, including codeine, amphetamines, methamphetamines, and phencyclidine (PCP).

• Screen for alcohol concentrations of 0.02 or higher using an NHTSA-approved method

• It must be a urine test

• DOT Physical- Overview of their medical history including blood pressure, hearing, vision, a urinalysis, and a check for any condition that can lead to a loss of consciousness while driving

• Employment Verification- Former employees must attest to safe driving history and hand sign a form in agreeance with previous drug and alcohol test results

• Driving History- Shows the past three years of license status/class, suspensions, and moving violations from each state the driver has had a license in

• Road Driving Test- The new driver must pass a road test driving in the same vehicle they'll be driving in their new job

What is a driver qualification file?

The DOT requires employers of commercial vehicle drivers to maintain a driver qualification file for each employee. These files are needed to be updated annually and require drivers to report changes to their driver history or health as they occur. The driver qualification file contains:

• Completed employment application

• MVR showing data for the past 3 years

• Certificate of driver’s road test

• Annual driving record review

• List of violations of motor vehicle laws

• A current copy of the medical examiner’s certificate including any exemptions

• Verification from the National Registry of Certified Medical Examiners certifying that the medical examiner is on the list 

Last Friday, during a “get to know you” coffee, a local business owner shared his Hiring Horror Story.

After countless hours recruiting, sifting through resumes, phone screening and interviewing he had his candidate. The resume sparkled with the perfect experience, and the candidate rocked each interview.

The candidate started on a Thursday and wouldn’t you know it… was screaming at him the very next Monday! Yep, she screamed at him. At work. On day three of employment.

Here are some tips in three important areas, to ensure you don’t run into the same problem:

Interviewing

Interviewing is a skill. There’s a reason the staffing industry was an estimated $461 billion dollar global industry in 2017. This doesn’t even account for the billions companies spend on in-house/corporate recruiters.

Day in and day out, recruiters hone their craft learning not only what to ask but how to ask it so a candidate will respond in a manner that provides meaningful insight… and they can still get it wrong.

Tip:  Coach your hiring managers on how to interview to match for management styles, work behaviors, and team culture. If you don’t have the luxury of a supportive HR team, then learn about interview techniques, leverage HR folks in your network or even ask a professional recruiter to sit in on your top interview(s).

Reference Checks

Yes, some references inevitably are friends providing fluff but that doesn’t negate the value of checking references. Understanding the strengths, weaknesses, passions and pitfalls of your candidate, even the fact that they can only provide friends as references, is valuable insight.

You never know what you’ll get; I’ve had a candidate put a prior employer they stole from as a personal reference. They later admitted it wasn’t their brightest idea, and I learned not to hire them.

Tip:  Provide context and be unique in the initial and follow up questions you ask. “We like to support everyone for success. Tell me more about their growth opportunities,” goes a lot further than the tired “What are their weaknesses?” You’ll be shocked at how much someone’s friend shares when they are “helping”.

Background Checks

According to the FBI nearly 73.5 million Americans have a criminal record. That’s nearly 30% of the adult population; 1 in 3 adults!

Understand that a criminal record does not mean someone is a bad employee. It is extremely important that we as a society work to reintegrate folks and support them in being productive members. I mention the high rate of criminal records in adults to emphasize the need to understand the risks associated with a given role and whether or not a candidate is prone to unacceptable behaviors increasing that risk.

Tip:  Do a comprehensive and thorough (all court systems, past residences & alias names) background check that screens for threats related to the role and company as a whole. Individually assess each candidate against what is an acceptable level of risk for that role. It is important to note that some jurisdictions (LA, NYC, etc.) have additional assessment requirements; check with your employment attorney.

So, what about the screaming employee?

Sure, there’s no guarantee this screamer would not have slipped through had my coffee buddy followed the above steps. However the likelihood would have been dramatically reduced for a nominal cost – compared to the mental anguish, lost revenue and productivity, and time spent on this bad hire. Not to mention the stress.

When you are applying for a new job, you may come across employers who require that a background check be run. To prevent being denied a job you are hoping for because of an error, it is important to consider running your own.

Catching Common Mistakes:

It is not unusual for a background check to reflect an inconsistency or two. Ideally, you would catch these mistakes before your potential employer does and the negative impression affects your future in the job position. Though it is possible to correct inaccurate information after a background check is run, it is more efficient to be proactive in checking it out yourself before the process begins. After carefully reviewing the results of your background screening, you can ensure there are no errors displayed.

Though there are many background check services online, make sure the one you choose follows the Fair Credit Reporting Act. Just any online background investigation may not indicate all the information that would be included in the one your employer would do. Background checks that are FCRA-compliant are more thorough and similar to what an employer would see when running yours.

I Ran My Background Check—Now What?

1.  Look for common mistakes. Imagine staring at a robbery charge that you were never convicted for from many years ago on your background check. Your name, social security number, signature, driver’s license, credit card, and criminal records are common mistakes that can be found during background screenings. A misspelled first or last name, an incorrect social security number, a falsified signature, a suspended driver’s license taken out in your name, an inaccurate credit card debt claim, or the inclusion of legal cases that have been sealed or expunged, can all affect the way you look on paper and make someone not want to hire you. Look very closely at each detail reflected and make sure it is all correct.

2.  Find the source of the error. Once a mistake is identified, contact the reporting agency and determine where the misinformation was obtained. They should be able to tell you where they got their reports from. There may be an area on the company’s website where you can submit a form and personal documents as evidence of the inaccuracy of their report. You may also dispute data from your background check by mail or phone.

3.  Report identity theft. If the inaccuracies on the report suggest, your identity may have been tampered with or stolen. You may consider identity theft if anything revealed on your report is a complete surprise to you. Common clues of identity theft occurring on background checks include unfamiliar credit card debt, unheard-of criminal charges, and a signature you do not recognize.

Is My Employer Following the FCRA?

If there is an issue with your background check, an employer has specific requirements on how to move forward in adherence to the Fair Credit Reporting Act.

First off, they may not hire any other applicant for that role until your dispute is settled. Along with this, the employer must alert you of their hesitancy to hire you because of details detected in your background check; you will have five business days to reply to this notice. The employer is required to provide you with a copy of the report, a summary of your rights under the FCRA, and the contact details of the credit reporting agency they got the information from.

• Any existing or potential employer must have written consent to run a background check.
• You must be advised if a background check has had an impact on the hiring process.
• You have the right to obtain a copy of the background report used.
• You are entitled to challenge any error on your background check
• Any error on your background check must be amended within 30 days of your dispute.
• Employers, consumer reporting agencies, and background checks companies that breach the Fair Credit Reporting Act are subject to legal action.

Final Thoughts

The next time you find yourself consenting to a background check for an employer, you should consider running your own as well. This way, you can be aware of any mistakes that may exist in the report before they reach the employer. If there is a fallacy, there is a formal process for correcting it and preventing it from returning in future screenings. If you are not hired because of information from a background check, you are entitled to certain rights highlighted in the FCRA. 

Background Partners does not offer or provide legal advice of any kind. Any information on this website is educational information only.