How a DOT Background Check Works

In most industries, employers decide how to select and screen a job applicant. That’s not true for all sectors. In some spaces, local, state and even the federal government may make rules that dictate how you select whom you hire – especially in the transportation sector. Operators of commercial vehicles of a specific size or number of passengers must pass a DOT background check. These Department of Transportation (DOT) regulations are mandatory.

The DOT background check process arises from The Federal Motor Carrier Safety Administration (FMCSA) regulations that oversee and administer the process. The FMCSA is a part of the DOT. Generally, we may use these terms interchangeably to refer to the same process. So, how does the process work, and what should carriers know about developing a compliant process?

You must complete the regulated procedures within 30 days of the driver’s employment. Remember that it is the employer’s responsibility to meet these requirements. A DOT background check refers to the combination of all the individual elements required by the law. It does not refer to a background screening or vetting procedure performed or managed by the government. With that in mind, how these checks work depends on how an individual transportation employer performs them.

In other words, you may choose to fulfill all the requirements yourself. For carriers that only employ a few people, that might make sense if there is enough time for administration. However, for many others, business demands mean it can be time-consuming to micromanage the process. Working with an agency that provides background investigations can help you satisfy your requirements. A thorough process helps reduce the risk of future problems.

The Main Requirements and Options for DOT Background Checks

Remembering how these background checks work is simple: complete all the required steps and disqualify candidates as stipulated. Likewise, you must make every effort to learn whether a driver is currently disqualified for prescription drug abuse or using an illicit drug. DOT regulations state that drivers who fail the background check in specific ways are disqualified from employment for at least one year. Driving under the influence, refusing a breathalyzer test, or leaving the scene of an accident are all offenses with one-year employment penalties.

Some infractions, such as excessive speeding or reckless driving, disqualify drivers for at least 60 days. Some repeat infractions can earn a driver a lifetime ban from regulated positions. The government publishes a list of disqualifying offenses and terms employers should know. Unlike a regular background check, where employers have more individual leeway on hiring decisions, DOT checks have many more rules to follow.

With that understanding, let’s examine the tools needed to determine a driver’s eligibility, reliability, safety, and fit within your business.

The Motor Vehicle Record Check

All DOT background investigations should include a driving history background check. You must collect separate Motor Vehicle Records (MVR) from every state where the applicant has held a license over the past three years. Each state’s Department of Motor Vehicles (or equivalent organization) maintains permanent driving records. Like all consumer reports, you must make required Fair Credit Reporting Act (FCRA) disclosures and gain consent to obtain someone’s motor vehicle record.

The Employment Verification Process

Checking a candidate’s past employment is a sensible step for all employers. For transit carriers, it’s an FMCSA requirement. You must make a good faith effort to contact all an individual’s prior employers for the last three years. Contact the company and ask them to confirm that the individual worked for them, and ask about their driving record. You must know whether the driver was involved in an accident working for someone else.

The Drug Screening and Alcohol Tests

Preventing substance use behind the wheel is a primary goal for the DOT and FMCSA. To that end, DOT requirements mandate two substance-related tests. The first is a pre-employment drug test. DOT drug tests are five-panel tests that identify PCP (phencyclidine), opioids, amphetamines, cocaine, and cannabis. The second is an alcohol test that can detect blood alcohol concentrations of 0.02 or higher. Failing either of these drug tests results in immediate disqualification until the driver completes a DOT-approved return-to-work program.

Employers must also run an individual’s name through the FMCSA Drug and Alcohol Clearinghouse. This database contains all records of reported drug and alcohol testing failures for holders of commercial driver’s licenses. Records remain here until whichever comes later: completion of a return-to-work program or five years. Records in the Clearinghouse are red flags and demand further investigation.

The Medical Certification

Regulated company drivers must have a current medical certification from a licensed and qualified medical professional. These medical certifications are typically valid for two years. Drivers with exceptions for specific health conditions may need to re-certify more frequently. Verify that your job candidate has a current valid DOT medical certification.

Optional Road Testing

The DOT does not require operators to put driver candidates through a road test. However, you may choose to do so to verify an individual’s suitability and skill. This additional due diligence step may provide evidence of your good faith efforts to select appropriate candidates if issues arise later.

Optional PSP Screening

The Pre-Employment Screening Program (PSP) is a voluntary database check employers may use. The PSP contains crash data from five years and roadside inspection reports from three years. Checking this database can help you identify red flags that a candidate did not report to you. Checking roadside inspections also provides critical insights into how drivers operate and maintain their vehicles. A PSP is not obligatory, but employers are encouraged to do so.

Know Your Obligations and Plan Accordingly

Due diligence and compliance with the law aren’t just a matter of ticking boxes. Each step is crucial to making the roads safer, preventing injuries and deaths, and ensuring goods arrive on time. As we’ve seen, the responsibility for completing FMCSA/DOT requirements lies with the individual employer—no government agency steps in to conduct background screening on the employer’s behalf.

Knowing that it’s crucial to go beyond developing an understanding of how a DOT background check works. You must also have the right tools and capabilities to screen candidates appropriately and within the 30-day time limit set by the government. Don’t go it alone—there’s professional help available. At backgroundchecks.com, we have products and services tailored to meet needs in this area. We deliver fast, detailed results from employment verification and drug testing to the driving record background check. Find out more today.

 

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Michael Klazema

About Michael Klazema The author

Michael Klazema is the lead author and editor for Dallas-based backgroundchecks.com with a focus on human resource and employment screening developments

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