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USA Operations Centers Commercial Drivers (DOT) May 2017
As this policy is reviewed, please note the following States/areas for which exceptions exist:
Michigan
Specific details on each exception may be found within the General Information section of this text.
It is the Company's intent to comply with all hiring and retention requirements of the Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA).
The FMCSA was created within the Department of Transportation in January 2000, pursuant to the passage of the Federal Motor Safety Improvement Act of 1999. The FMCSA is responsible for enforcing the Federal Motor Carrier Safety Regulations (FMCSR).
The guidelines within this policy were developed to ensure compliance with the FMCSR. Complete regulatory guidance can be found on the Federal Motor Carrier Safety Act section of the DOT website at www.fmcsa.dot.gov.
This policy applies to the hiring and retention of any employee whose job duties may require operating any of the following vehicles:
Commercial Motor Vehicle - No Commercial Driver's License Required: Any self-propelled or towed motor vehicle used on a highway in interstate and intrastate commerce to transport passengers or property when the vehicle has a gross vehicle weight or gross combination weight of 10,001 pounds or up to, and including 26,000 pounds. For the purposes of this policy, this class of commercial motor vehicle (CMV) will be referenced as "non-CDL commercial motor vehicle".
Commercial Motor Vehicle - Commercial Driver's License (CDL) Required: Any self-propelled or towed motor vehicle used on a highway in interstate and intrastate commerce to transport passengers or property when the vehicle:
Has a gross combination weight or gross vehicle weight rating of 26,001 pounds or more, OR
Is designed or used to transport 16 or more passengers, including the driver, OR
Is used in transporting a quantity of hazardous material requiring placarding.
For the purposes of this policy, this class of commercial motor vehicle (CMV) will be referenced as "CDL-required commercial motor vehicle."
*See Internal Candidates section for information on internal candidates being considered for positions requiring commercial driving through Internal Application, transfer, or reassignment of duties.
Applicants who have worked as DOT regulated drivers during the past 3 years have the following rights:
The right to review information provided by previous employers for whom the applicant has worked as a DOT regulated commercial driver within the previous 3 years
The right to have the previous employer correct any errors and then send the corrected information to the prospective employer who made the inquiry
The right to have a rebuttal statement attached to the alleged erroneous information, if the previous employer and the driver cannot agree on the accuracy of the information
Right to Review Drivers who have previous DOT regulated employment history in the preceding 3 years who wish to review investigative information provided to Joyner by a previous DOT regulated employer may submit a written request to Joyner at any time from the date of application up to 30 days after being employed or being notified of denial of employment.
If an applicant provides a written request to review information provided to Joyner by an employer for whom the applicant worked as a DOT regulated driver within the previous 3 years, Human Resources must provide the information within 5 business days. If the applicant makes the request before we have received the prior employer's response, then Human Resources must provide the information within 5 days after receiving it from the prior employer.
The rights conferred to applicants under this law are restricted to employment and accident history provided by employers for whom the applicant has worked as a DOT regulated employer within the previous 3 years. Other aspects of the background check are not covered, and should be managed according to Fair Credit Reporting Act guidelines.
Right to Request Corrections Drivers who wish to request correction of alleged erroneous information in records provided to Joyner by previous DOT regulated employers must send a written request for correction to the employer who provided the records to Joyner.
Right to Submit a Rebuttal Drivers wishing to rebut information in records provided to Joyner by previous DOT regulated employers must send the rebuttal to the previous employer with instructions to include the rebuttal in the driver's safety investigation history and to forward a copy of the rebuttal to Joyner.
The applicant must work directly with the prior employer to facilitate corrections or rebuttals. However; as with all background check situations, HR may consider any information provided to us by the applicant, using good business judgment as to the credibility of that information.
Job Offer
Note: HREC will coordinate the Medical Examiner Certificate and Drug Screen processes. Upon receipt of an acceptable Medical Examiner Certificate, HREC will send Safety & Insurance Services the certificate section of the form to be filed in the Driver Qualification File (DQF). HREC will retain the detailed medical report in their medical file. If unacceptable results are received, the applicant may no longer be considered for positions requiring commercial driving.
* Due to state laws, we do not currently use the pre-employment drug screen for non-CDL Commercial Motor Vehicle drivers in Maine, Montana or Vermont.
Employee Responsibilities under Federal Motor Carrier Safety Regulations Under Sections 391 and 392 of FMCSR, employees driving non-CDL CMVs as defined in the policy Overview section are required to:
Maintain one and only one valid driver's license appropriate for the class of commercial vehicles they will be operating
Abstain from:
Use or possession of alcohol or any controlled substance while operating a motor vehicle.
Operating a motor vehicle while under the influence of alcohol, controlled substances, or any other substance which renders the driver incapable of safely operating a motor vehicle (392.4).
Going on duty or operating a motor vehicle within 4 hours of consuming alcohol.
Notify management of any:
Loss of driving privileges in any state or jurisdiction.
Disqualification from operating a commercial motor vehicle for any period.
Cancellation, revocation or suspension of driver's license.
Note: The employee must notify management no later than the end of the business day following the date the employee received notice of cancellation, suspension, or revocation of driving privileges.
Under Section 383 of FMCSR, employees driving CDL - required CMVs as defined in the policy Overview section must meet all the requirements listed above for CMV drivers, PLUS the following:
Notify employer within 30 days if convicted - in any type of motor vehicle -of violating any State or local traffic control law
Note: If a covered employee reports a traffic violation conviction, the supervisor should have the driver complete a Commercial Driver Notification of Driving Violation or License Suspension form, located in Joyner Forms. The original should be sent to the Official Employee Memo and a copy to Compliance Services for retention in the Driver Qualification File. Human Resources and Joyner Freight Management will work together to determine the appropriate course of action. If disqualified under FMCSR, the driver may not operate any CMV and must be removed from commercial driving duties.
Comply with other FMCSR requirements, including:
Safety Fitness Procedures
Controlled Substance and Alcohol Testing Program
In addition, employees who operate CDL-required CMVs are required to participate in random and post-accident drug and alcohol screening as prescribed by the DOT. The random drug/alcohol testing program is administered through Safety & Insurance Services. Upon notification that a new driver has been added to the random drug/alcohol testing program, Safety & Insurance Services will send the driver information about the program and about mandatory drug/alcohol awareness training which the employee must attend. The driver will be required to sign a certificate acknowledging receipt of this information.
All commercial drivers, whether CDL required or not, are subject to alcohol and/or controlled substance testing if there is reasonable suspicion that the driver has violated any DOT or company policy concerning alcohol or controlled substance use. Any driver who refuses to submit to alcohol or controlled substance testing as required by DOT regulations or Company policy will be disqualified from driving and may jeopardize their employment with Joyner.
Requests for Information about Former Joyner Commercial Driver Employees
Obligation Effective October 29, 2004, Section 391.23(g) of the FMCSR requires employers to respond to requests from prospective employers regarding former or current commercial drivers within 30 days of the date the request is received.
The release of information under this section may take any form that reasonably ensures confidentiality, including letter, telephone or confidential fax. A copy of the request must be retained, along with a copy or summary of the information provided, including the date and the name of the party to whom the information was released.
The response must include:
General employment verification such as dates of employment, job title(s), salary, type of equipment driven.
A list of accidents, as defined below, incurred by the driver over the previous 3 years.
Specific contact information, in case a driver chooses to contact the previous employer regarding correction or rebuttal of the data.
Definition: For these purposes, an accident is defined as an occurrence involving a CMV operating on a highway in interstate or intrastate commerce that result in any of the following:
Fatality
Bodily injury to a person who, as a result of the accident, immediately receives medical treatment away from the scene of the accident.
One or more vehicles incurring disabling damage as a result of the accident and requiring the vehicle(s) to be transported away from the scene by a tow truck or another vehicle.
Note: Until May 1, 2006, employers need only provide information for accidents that occurred after April 29, 2003. After May 1, 2006, employers must provide information for accidents that occurred during the past 3 years.
Procedures All requests for employment verification should be referred to Human Resources for handling, using the following guidelines:
Release of Information If the employee has performed commercial driving duties for Joyner within the past 3 years, and we have proper authorization from the employee to release information, Human Resources should:
Contact Safety & Insurance Services (S&I) to determine if the employee has had any DOT reportable accidents within the previous 3 years.
Provide the following information to the prospective employer within 30 days. As a courtesy to the prospective employer, Human Resources should act promptly so as not to delay the employer's hiring process.
General employment data, if specifically requested. General employment data should be restricted to:
Driver's name
Employment location(s)
Job title(s)
Current or final salary
Class of CMV operated (if available)
Note: The above restrictions may not be appropriate for all terminations. Release of additional information may be in order when a termination is initiated for a personal safety incident (violence, use of a weapon, etc.).
Approval of the Vice President Operations-Human Resources is required.
Accident history provided by Safety & Insurance Services (S&I), including:
Date of accident
Location (city/state)
Number of injuries
Number of fatalities
Hazardous material spills
An HR contact name and phone number, in the event the driver chooses to contact Joyner regarding correction or rebuttal of our records.
Note: If the employee was not involved in a DOT-reportable accident during the previous 3 years, HR must indicate that in the response to the prospective employer.
Internal Candidates Internal candidates selected through Internal Application Process, transfer or reassignment and who are not already employed in commercial driving positions for Joyner must also complete the Application for Commercial Drivers.
State Exceptions
Michigan Sec 5 (MCL 480.15 – Michigan HR 6663 – Motor Carrier Hour Limitations – Enacted 12/30/2006
A motor carrier operating entirely in intrastate commerce solely within Michigan shall not permit or require a driver of a CMV engaged in seasonal construction-related activities, regardless of the number of motor carriers using the driver’s services, to do either of the following:
Drive for any period after having been on duty for 70 hours in any seven consecutive days or having been on duty 80 hours in any period of eight consecutive days.
Drive for more than 12 hours or be on duty for more than 16 hours in any day.
Not Applicable
Be familiar with all aspects of this policy as well as FMCSR requirements for commercial drivers.
Notify Safety & Insurance (S&I) and HR if an open position will require commercial driving as defined above.
Include the following verbiage in the Additional Information section of the Job Opening, for openings posted internally and/or externally:
“In order to comply with Department of Transportation regulations, candidates selected for this position must successfully complete a drug screen and obtain an acceptable Medical Examiner’s Certificate. In addition, a background check, including prior employment verification, commercial driving accident history, driving record review, and other history required by the Federal Motor Carrier Safety Act, may be required.”
Administer the Acknowledgement of Federal Motor Carrier Safety Regulations (FMCSR) and Other Employment Duties to employees newly hired or assigned to commercial driving duties, and ensure employees understand how to locate and access FMCSR applicable to the type of CMV they operate. The Acknowledgement should be administered before the employee begins operating commercial vehicles and no later than one week after beginning employment. The original should be sent to Human Resources to be filed in a Official Employee Memo. A copy should be given to the employee, and the supervisor may retain a copy in the department.
If an employee moves from non-CDL commercial driving to CDL-required commercial driving, the supervisor should notify Safety & Insurance Services (S&I) & Compliance Services, as different rules apply to the CDL-required positions.
Conduct an annual review of driving records, which includes:
Provide Loss Prevention and Safety & Insurance (S&I) annually with a list of employees whose job duties include operating a commercial motor vehicle. HR will have each employee complete an Authorization for Release of Information and order Motor Vehicle Records (MVR).
Have each commercial driver complete a Commercial Driver’s Annual Certification of Violations.
Management will review the MVR and Commercial Driver’s Annual Certification of Violations and complete the Annual Review of Driving Record – Commercial Drivers form to certify the employee’s continued qualifications to drive CMVs. The originals should be sent to Safety & Insurance Services (S&I). Management can retain a copy in the department.
Maintain a supervisor’s driver file for each commercial driver.
Maintain hours of service records for each commercial driver.
Understand FMCSR requirements for employee self-reporting of traffic convictions. Upon notification of a traffic conviction, the supervisor should have the employee complete a Commercial Driver Notification of Driving Violation or License Suspension form. The form should be sent to HR. HR and management will work together to determine what action, if any, may be appropriate.
Follow guidelines for reporting DOT-regulated accidents.
Partner with Compliance Services and Safety & Insurance Services to ensure that all internal and external candidates for commercial driving positions meet FMCSR requirements.
Collect and retain documents required during the employment process.
Candidates for commercial driving positions should complete the Employment Application for Commercial Drivers in addition to the online resume and application they submit through Career Center.
Respond to requests from prospective employers for information regarding former CMV drivers.
Safety & Insurance Services (S&I) & Compliance Services Role
Create and maintain a data log for all commercial drivers employed at Joyner.
Obtain annual MVRs for commercial drivers.
Track driver and supervisor training relating to commercial driving.
Assist drivers and supervisor with the driver qualification process when a supervisor requests commercial driving privileges for an employee.
Partner with Human Resources and other internal and external departments / agencies as needed to ensure program consistency.
Partner with employees to ensure medical exam certification is current as well as any applicable drug testing.
Contact HR and Management when a driver becomes non-compliant.
Ensure driver and supervisor training acknowledgements relating to drug and alcohol have been received.
Maintain a list of commercial drivers and their supervisors for assigned locations.
Assist drivers and supervisors with questions regarding training.
Background Check Under Americans with Disabilities Act (ADA) requirements, a bona-fide job offer must be made before requesting medical information from an employee or candidate. A bona-fide job offer means that all available non-medical information must be obtained and reviewed prior to the job offer. The job offer can only be contingent on the medical information.
Commercial driving jobs covered by FMCSR require a Medical Examiner's Certificate. Therefore, when filling jobs that require commercial driving, the background check report must be obtained and reviewed prior to extending a job offer.
If the background report is acceptable, the job offer may be extended contingent upon an acceptable drug screen and Medical Examiner's Certificate.
The background check should include:
Education verification
Federal and State/County criminal history - include both felony and misdemeanor convictions. See Background Checks policy for more information.
Employment Verification -including verification of driving experience such as how long the candidate worked as a commercial driver for each employer and the type of commercial vehicle he/she operated.
Safety investigation - accident history from any DOT regulated employer for whom the applicant worked as a commercial driver within the past 3 years, including the name, title, and phone number of the person who provided the accident history and the date contact was made. Safety performance history includes the following information on any DOT reportable accident incurred by the driver:
Date and location of the accident
Driver's name
Number of fatalities and bodily injuries
Hazardous materials spilled
Motor Vehicle Record (MVR) for every state in which the applicant has been licensed during the previous 3 years
Section 391.23 of the FMCSR requires employers to document attempts to obtain accident history from prior employers, and to notify the FMCSA if a previous employer fails to respond within 30 days of the request. Therefore, the following procedures have been developed for obtaining the background check.
If, after more than one request, a former DOT regulated employer fails to respond, HR will indicate such on the completed background check report.
In situations where a former DOT regulated employer has not responded to a safety investigation request, Human Resources should make an attempt to contact the employer directly. If the employer still does not respond, HR and management will need to make a hiring decision without that information. If a job offer is extended, the driver should be advised that if adverse safety investigation information is subsequently received from the former employer, it may impact the driver's employment with Joyner.
In compliance with the law, if the prior DOT regulated employer still has not responded 30 days after the initial request, HR must report the violation to the FMSCA using the pattern letter. A copy of the letter should be placed in the applicant's file (if not hired.) Pattern Letter - Reporting Violations
Prior Employer Alcohol and Controlled Substance Inquiry If the job requires or may require operating a CDL- CMV, HR should have the applicant sign a Safety Performance History Records Request form at the time of application. The applicant should complete a separate form for each employer they have worked for during the previous 3 years. This form authorizes prior employers to release required alcohol and controlled substance testing results to Joyner.
Upon making a job offer, HR should:
Mail a copy of the signed Safety Performance History Records Request form to each prior employer for whom the applicant operated a CMV within the past 3 years.
Send a copy to Safety & Insurance Services at; Attn: Drug and Alcohol Testing Coordinator.
Retain the original authorization form(s) in the Safety & Insurance Services file. Upon hire, the original should be retained in the Official Employee File. Employers will respond directly to HR.
Sometimes a specific start date is necessary, or there is a critical need to fill an opening quickly. In these situations, to avoid delay in filling an opening the applicant may start work before all prior employer drug/alcohol inquiries have been returned, providing both acceptable drug screen results and an acceptable Medical Examiner's Certificate have been received.
However, if unacceptable information is subsequently received from a former employer, and/or a prior employer's response indicates the driver is disqualified under FMSCR rules, further action will be taken by HR. In this situation, the employee must be removed from all commercial driving duties. Human Resources should work with management and Safety & Insurance Services to determine appropriate employment options. Depending on the nature of the position, the availability of non-driving job duties, and what is required for the employee to requalify under FMCSR, termination may result.
The form outlines some of the critical responsibilities the employee must uphold in order to comply with FMCSR rules. However, the supervisor should also explain the employee's full responsibilities under the law and direct the employee to relevant sections of the FMCSR, which can be accessed at www.fmcsa.dot.gov
The supervisor should administer the form no later than one week after the employee's start date, and prior to allowing the employee to operate a commercial vehicle.
Requests for Correction
If a former commercial driver employee submits a written request to correct information provided by Joyner to a prospective employer, Human Resources should first confirm that there were no accidental errors (that our response accurately matches our records). If no accidental errors occurred, Human Resources should contact Safety & Insurance Services.
If an accidental error occurred, or if Safety & Insurance Services agrees to amend its records, the corrected information must be sent to the prospective employer within 15 days of receiving the request. A copy of the corrected information must be filed in HR Records and the amended information must be provided to subsequent prospective employers to whom the disputed information is provided in the future.
If Safety & Insurance Services determines that a correction is not warranted, HR should provide the following written response to the former employee within 15 days:
"We have considered your request to modify employment information provided to {name of prospective employer} on (date). According to our records, the information provided by Joyner was accurate. By law, you have the right to submit a written rebuttal. If you wish to exercise that right, please send the rebuttal to my attention. Upon receipt, we will provide a copy of your rebuttal to {prospective employer} and to any other prospective employers to whom the disputed information is provided in the future."
Safety & Insurance Services should file a copy of the rebuttal in DFQ, and include a copy in responses sent to future prospective employers to whom the disputed information is provided.
Driver Qualification Files (DQF) The DOT requires employers to retain specific documents, known collectively as the Driver Qualification File DQF, on each commercial driver employee. Some of the required documents will be maintained by Safety & Insurance Services, and some by HREC.
HREC should establish and maintain a DQF on every employee whose job involves operating a CMV. Federal law requires that the file be established within 30 days from the date the individual begins employment as a commercial driver.
Documents for driver applicants not hired can remain in their applicant file.
As noted below, some documents will be filed in both the Official Employee File and the DQF due to different record retention requirements. The DQF should include the following documents:
Printed Application – from Career Center. File copies in both the Official Employee File and the DQF
Supplemental Employment Application - file a copy in the DQF
Background Check - file a copy in the DQF
Commercial Driver Applicant Notice of Rights- file a copy in the DQF (the applicant receives a copy).
Requests from applicants to review safety performance information provided by prior employers to Joyner, and documentation of HR's response - file in the DQF
Copy of the employee's valid operator's or commercial driver's license- file in the DQF
Copy of reports to FMCSA of prior employers' failure to respond to a safety performance inquiry (if applicable), and documentation of efforts to contact the prior employer - file in DQF
Signed road test form and road test certificate, if collected or administered by management - file in DQF.
Note: The signed road test form is not required if the driver successfully completed a road test to obtain a CDL in the state of issuance. However, as a Motor Carrier, Joyner may administer a road test to ensure the driver can safely operate the commercial vehicle they are employed to drive. If a road test is administered, the original signed road test form and certificate of road test should be filed in the DQF. A copy of the certificate is given to the driver.
Annual Motor Vehicle Record (MVR) - file in the DQF
Annual Review of Driving Record - Commercial Drivers, file in the DQF
Commercial Driver's Annual Certification of Violations - file in the DQF
Medical Examiner's Certificate (Certification portion only: the full medical report is maintained in the market area or EHS) - file in the DQF
Responses to prospective employers who request safety performance history on a current or former commercial driver employee - file in the DQF
Requests from current or former Joyner drivers to correct or rebut information provided by Joyner to another employer as part of an employment related safety performance inquiry - file in the DQF
Our response to the employee regarding requests to correct or rebut information provided to prior employers, which may include: - file in DQF
Written response to employee
Correspondence to prior employer, if corrected information is forwarded
The original rebuttal submitted by the employee
Correspondence to prior employer, if the rebuttal is forwarded
The attached Driver Qualification File Checklist must be printed and attached to the inside of the file.
Internal Candidates Prior to extending a job offer, HR should obtain and review the following background information. The background check should only be conducted on the top candidate(s), not all employees who post for the position.
MVRs should be obtained from every state in which the employee has been licensed to drive within the past 3 years
Prior employment verification - if the employee has worked as a commercial driver for another employer within the past 3 years (including part time or weekend work while also employed by Joyner), their commercial driving employment history, including safety investigation, should be verified as outlined in Background Checks Policy.
If the MVR and employment verification are satisfactory, a job offer may be extended contingent upon successful drug screen and Medical Examiner Certificate results. In addition, if the employee will be operating a CDL-required CMV and has worked as a driver for an employer outside of Joyner within the past 3 years (including part-time or weekend work), a Safety Performance History Records Request form must be sent to the former employers. The Job Posting for positions requiring commercial driving should include the following statement:
“In order to comply with Department of Transportation regulations, candidates selected for this position must successfully complete a drug screen and obtain an acceptable Medical Examiner's Certificate. In addition, a background check including prior employment verification, commercial driving accident history, driving record review and other history required by the Federal Motor Carrier Safety Act may be required.”
Annual Driving Record Review The DOT requires employers to review the driving record of each commercial driver at least every 12 months.
The annual driving record review will be completed annually in July. HREC will pull a roll with the names of all commercial driver employees. HREC and Safety & Insurance Services (if additional assistance is needed) will obtain MVRs covering the previous 12 months from every state in which the employee was licensed during that time period.
HireRight is a Third Party Administrator that has contracted with Joyner to conduct background checks. If a request is for an annual review, Management can submit the Commercial Motor Vehicle (MVR) request on Joyner Forms. The consent to run the MVR is a general consent and may reference additional background check items. Joyner is ONLY running an MVR for the purpose of the annual MVR review.
In addition, each commercial driver employee must submit a completed Commercial Driver's Annual Certification of Violations form to management. The form can be found in the Human Resources Employment section of Joyner Forms. The Supervisor must send this signed form to Safety & Insurance Services to be placed in the DQF during the annual MVR review process.
The Administrative Services Manager or designee should review each MVR and driver certification form, considering the DOT driver qualification guidelines for the specific class of vehicle the employee operates as well as any evidence (such as excessive speeding, reckless driving, driving under the influence of drugs or alcohol) that the driver has exhibited a disregard for public safety.
The Administrative Services Manager or designee should complete the Annual Review of Driving Record - Commercial Driver, which can be found in the Human Resources Employment section of Joyner Forms. The original should be forwarded to Safety & Insurance Services for inclusion in the DQF.
A driver who is disqualified may not be permitted to operate a CMV of any class. Management and HR should determine the appropriate course of action for an employee who has been disqualified from operating CMVs or whose driving experience indicates disregard for public safety. Depending on the nature of the disqualifying event, staffing needs, and the availability of alternative job duties, the employee may be reassigned to another position. However, in some situations termination may result.
This checklist is a tool designed to assist Human Resources in meeting Joyner and Department of Transportation (DOT) requirements for hiring commercial drivers.
The following documents should be collected and retained by Human Resources during the employment process. If the applicant is not hired, documents should be retained in the applicant file. Upon hire, the documents should be retained in the Driver Qualification File and/or Official Employee File, as noted.
For details, see the Commercial Drivers- DOT chapter in Human Resources Policies.
Documents Collected During Pre-Employment Process
Documents Collected After the Contingent Job Offer
Documents Collected During the First Week of Employment
This checklist may be used by Safety and Insurance Services as an optional tool for maintaining the HR Driver Qualification File (DQF) for commercial drivers. Documents within the HR Driver Qualification File fall under two record series: DQF Documents Routinely Purged and DQF Documents Not Purged.
DQF Documents Routinely Purged
___ Annual Motor Vehicle Record ___ Annual Management Review of Driving Record ___ Annual Driver's Certificate of Violations ___ Medical Examiner's Certificate - restricted to certificate section of the Medical Examiner's report. The full report is maintained by Safety & Insurance Services. ___ Requests from Prospective Employers – requests from prospective employers for employment and safety investigation history on former Joyner employees who have performed commercial driving duties within the past 3 years ___Responses to Employment Verification Requests – copies or summaries of information provided to prospective employers in response to requests for employment and safety investigation information. Includes correspondence to and from the employee regarding requests to correct alleged erroneous information; corrected information forwarded to prospective employers; written rebuttals submitted by former employees regarding information provided to prospective employers and subsequent correspondence with prospective employers concerning a rebuttal.
DQF Documents Not Purged
___ Printed Application from Career Center – copies in DQF and Official Employee File ___ Signed Supplemental Application for Commercial Driver Candidates – file original in DQF with a copy in the Official Employee File ___ Signed Commercial Driver Applicant Notice of Rights – copy to applicant, original in DQF ___ Signed Authorization for Release of Information – file original in DQF with a copy in the Official Employee File ___ Background Check – original in DQF with a copy in the Official Employee File ___ Safety Investigation, if separate from the Background Check Report ___ Signed Acknowledgement of FMSCR and Other Employment Duties – original in DQF with a copy in the Official Employee File ___ Copy of Valid Driver’s License ___ Reports Filed with FMCSA of Prior Employers Who Fail to Respond to Safety Investigation Inquiries on Commercial Driver Applicants ___ Requests from Applicants to Review Information Provided by Previous DOT-Regulated Employers – including documentation of Joyner’s compliance with the request.
Commercial Driver Annual MVR Review
Safety/Security Specialist
Safety Analyst
The Department of Transportation (DOT) requires employers to review the driving record of each commercial driver in the state(s) they resided in the last 12 months at least annually.
The annual driving record review for commercial drivers should be initiated by Compliance Services. Human Resources Employee Care Services Center (HREC) is to submit the names of commercial drivers to Safety & Insurance Services to ensure that all records are maintained accurately. The HREC will then order the MVR through the HireRight website and an email will be sent to the employee to complete the additional information and electronically sign the consent form to complete the background check order. Once the report is complete, the HREC will send the MVR report back to Safety & Insurance Services to begin the Annual Review Process. For more information regarding the Commercial Driver process, please review the information provided in this policy in its entirety.
1. HREC works with Safety & Insurance Services to maintain a list of drivers that require an annual review.
2. HREC will send an advance communication to the drivers with a CC: to their leadership indicating the annual review is going to begin and the steps of the process.
3. The HREC Manager or designee should complete the Annual Review of Driving Record – Commercial Driver, which can be found in the Human Resources Employment section of Joyner Forms. Supervisors must send this signed form to Safety & Insurance Services to be placed in the Drivers’ Qualification File (DQF) during the annual MVR review.
4. Safety & insurance work together to compile all of the names of commercial drivers within Joyner.
5. HREC will initiate the MVR request through HireRight.
6. HireRight will send an email to the employee initiating the authorization and consent.
Note: The HireRight form is a general consent and may reference additional background check items. Joyner is only requesting an MVR for the purpose of being in a CDL or Non-CDL driving position.
7. Once the applicant has signed consent for HireRight to begin the MVR, HireRight will send a PDF copy of the completed signed consent for the applicant to keep for their records. The applicant will also receive the e-mail indicating they have completed all the required information at this time for HireRight to start their processing.
Note: In the states of Alaska, New Hampshire, and Washington, an additional MVR release needs to be signed by the applicant to complete the MVR processing. For details, review the release procedures on the Background Check/Drug Screens/Form I-9 Processing Policy.
8. The MVR result will be sent from the HREC to Safety & Insurance Services.
9. The MVR should be sent to the driver’s management for review.
10. HREC will review each MVR and Driver Certification of Violations and Annual Review of Driving Record Forms, considering the DOT driver qualification guidelines for the specific class of vehicle the employee operates as well as any evidence (such as excessive speeding, reckless driving, driving under the influence of drugs or alcohol) that the driver has exhibited a disregard for public safety.
11. HREC Manager should follow the process outlined in the Annual Review section of the Commercial Drivers – DOT policy.
12. If all the documents are acceptable, the MVR, Annual Review of Driving Record – Commercial Driver and Commercial Driver’s Annual Certification of Violations should be sent to Safety & Insurance for inclusion in the DQF.
13. If there is a questionable item or disqualifying offense, HREC should contact their Compliance Services Representative.