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.
In most industries, employers decide how to select and screen a job applicant. However, specific regulations about whom you hire exist. Local, state and even federal regulations can shape your hiring processes in the transportation sector. Companies meeting particular criteria can only hire those passing a DOT background check. Observing these Department of Transportation (DOT) rules is mandatory. These rules originate with regulations from the Federal Motor Carrier Safety Administration. The FMCSA is a department of the DOT.
What is a DOT check? This hiring process seeks to ensure that job applicants meet specified FMCSA regulations. However, this is not a background check performed by the government itself. Instead, a DOT check refers to the procedures an employer must use independently as the government orders.
Who must comply, and how does compliance look? We have the answers.
Not every company must observe DOT regulations. Likewise, not everyone in a transportation company must go through this check. For example, the administrative staff in an office won’t need the same type of background screening as a driver. Instead, you can use a regular criminal background check process. The same goes for any employees who won’t operate commercial vehicles.
However, you must be sure you understand which employees do count under the regulations. According to the Department of Transportation, the following types of companies must use the DOT check process:
There are other ways to know if you fall under DOT regulations. DOT checks are mandatory for a job involving:
If your business meets these criteria, there’s no getting around it: you’ll need to conduct a DOT check. This is especially true if you need a driver who transports hazardous materials, as they may require a special license. Regulations state that you must satisfy all the requirements within the first 30 days of the driver’s employment.
Working with a background check provider that understands these rules can help you satisfy your requirements. A thorough process also helps reduce the risk of future problems. Let’s look at that process now.
DOT regulations disqualify drivers who fail the background check process for at least one year. You must not hire individuals currently serving a penalty. Some examples of automatic one-year disqualifications include:
Excessive speeding or reckless driving tickets may 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. With that in mind, let’s explore the steps to complete a DOT background check.
In non-regulated positions, employers maintain leeway about whom they hire. DOT checks have more rules to follow, and you may need to disqualify an applicant because of government rules. Here’s the information you need to obtain and evaluate.
All DOT background investigations must include a driving history background check and require ordering a driver’s Motor Vehicle Record or MVR. Each state’s Department of Motor Vehicles (or equivalent) handles this recordkeeping task. You must follow Fair Credit Reporting Act (FCRA) guidelines before ordering a driver’s records. Always obtain consent and provide required disclosures.
The DOT requires you to examine an individual’s MVR in your state of operation. However, you must also consult MVRs for every state where the applicant has held a license in the last three years. Refer to the FMCSA’s guidelines on driver disqualifications to evaluate these reports. The goal here is to identify traffic violations that would make the driver a risky hire.
Many employers find value in verifying info about an applicant’s prior jobs. For transit carriers, doing so is an FMCSA requirement.
You must make a reasonable effort to contact an individual’s prior employers for the last three years. Ask each manager to confirm that the individual worked for them. Ask about their driving record during their previous employment. You must ask about information such as:
Keep this information in the applicant’s file. Evaluate the answers to these questions for red flags and potential disqualification.
Preventing substance use behind the wheel is essential for safety. To that end, DOT requirements mandate two substance-related tests. The first is an employment drug test. DOT drug tests are five-panel tests that test for:
Applicants must also take an alcohol test that can detect blood alcohol concentrations of 0.02 or higher. Failing either of these drug tests results in immediate disqualification. Disqualified drivers must complete a DOT-approved return-to-work program to apply again.
You must also run an individual’s name through the FMCSA Drug and Alcohol Clearinghouse. This database contains all records of reported drug and alcohol test failures for CDL holders. Records remain here for five years or until the driver completes a return-to-work program, whichever comes later. Records in the Clearinghouse are red flags that may indicate you can’t hire the driver.
Regulated company drivers must have a current medical certification from a licensed and qualified professional. These 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.
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. If issues arise later, this additional due diligence step may prove your good-faith hiring efforts.
The Pre-Employment Screening Program (PSP) is a voluntary database that transit employers may consult. Checking this database can help you identify red flags that a candidate did not report to you.
The PSP contains crash data and roadside inspection reports. Crash violations remain in the PSP for five years, and roadside inspection information goes back three years. The PSP can offer critical insights into how drivers operate and maintain their vehicles. A PSP check is not obligatory, but the DOT encourages employers to use one.
How long will it take to run down the checklist and officially clear a driver for duty using a DOT background check? Unfortunately, there is no one answer to that question.
As with so many elements of the vetting process, “it depends on the circumstances” is the reality of the situation. Your work could be quick and easy with one driver, but it could take much longer with another individual.
It will usually take at least several business days to complete at the low end. That’s assuming your applicant promptly submits a drug test and all the required information. Not every driver is so quick to provide documentation. At the far end of the spectrum, it could take several weeks for you to complete all the government’s requirements. Remember, you have 30 days to conclude the process during hiring. Carriers should prepare themselves for potential delays. A slower turnaround time than other industries is standard.
Why is there so much variability in the process? The average non-DOT-regulated employer can standardize their hiring workflow, including background checks. That effort means the process is usually short. However, transit employers must seek more information from sources that may not have immediate answers. The applicant’s pace also helps to define the turnaround time for a DOT background check. Whether it takes days or weeks, the proper support can help.
Due diligence and compliance with the law aren’t just a matter of ticking boxes. Each step is crucial to making the roads safer. DOT checks help prevent injuries and death while helping ensure goods arrive safely on time. As we’ve seen, the responsibility for completing FMCSA/DOT requirements lies with the individual employer. This process is for private employers created and enforced by federal law. Know what’s expected of your business so you can build the best possible team.
At backgroundchecks.com, we make it simple for trucking companies and transportation businesses to complete their due diligence. We have a clear understanding of the DOT background check process. We can help you build a hiring pipeline that capably meets the requirements of that process.
With our experienced staff and convenient screening solutions, you can confidently trust us with this effort. Working together, we’ll ensure your time-to-hire is as short as possible—even with the more complex nature of this procedure. Find support for everything from ordering motor vehicle records to verifying employment. Start the process today, or learn more about DOT regulations in our Resource Center.