The Most Important Things to Know About the DOT Background Check

The federal government creates labor regulations to foster safer environments and protect workers. States do this, too. However, federal rules may apply to specific workers nationwide, as with commercial vehicle drivers. The Department of Transportation closely regulates the operators of such vehicles to protect the public. When your business needs to hire drivers in specific categories, you may be subject to a Department of Transport (DOT) background check requirements.

The DOT and the Federal Motor Carrier Safety Administration (FMCSA) set the guidelines for these checks. What is required? This process is more involved and multi-faceted than your typical employer background check. Let’s break down the different elements to make seeing what you must know easier. To begin with, are you a regulated carrier?

Who’s Regulated? When the Rules Apply to Your Business

The government uses several criteria to determine who is subject to DOT regulations. The best way to verify who must comply is to consult the Federal Motor Carrier Safety Administration (FMCSA) website. This resource provides granular details about the most specific situations for regulation. However, there are broad categories to know. You’re subject to rules if you or your drivers fall into one of these categories.

You must use DOT background checks if your vehicles or work meets any of the following criteria:

• The vehicles in operation weigh more than 10,000 pounds.
• Trucks require a Commercial Driver License (CDL) to operate. Any Class A, B, or C requirements for a CDL qualify.
• You will use the vehicle to transport eight or more paid passengers at a time. The driver counts as a passenger.
• Any vehicle used to transport 15 or more people, regardless of whether it is for pay.
• You will use a vehicle to transport hazardous materials (hazmat).

Any business that has vehicles that fall into these categories is a regulated carrier. Let’s discover what the government stipulates.

What Does the DOT Expect From You?

DOT regulations outline a multi-step process that you must complete within 30 days of hiring a new driver. These processes do not necessarily have to take place in the pre-employment phase. However, it is prudent to do so to ensure you meet your requirements promptly. Completing these steps earlier also reduces the risk that you will need to dismiss a driver after later discovering adverse information.

A DOT background check consists of several components. These are:

• Consulting a driver’s Motor Vehicle Record (MVR).
• Verifying the driver’s past employment with other carriers.
• Conducting a drug and alcohol screening with FMCSA tools.
• Administering a DOT-approved drug test panel.

Carriers may also voluntarily use additional screening programs to check for a criminal record or use road testing requirements.

The Process Step by Step

There are a few steps to comply with the law at each stage of the DOT background screening process. Remember, in this process, you must still follow the Fair Credit Reporting Act (FCRA) rules. That means you must provide disclosure and obtain the driver’s consent to run background checks. Once you secure consent, here’s what you’ll need to do.

Checking a driver’s history on the road

Employers must consult a driver’s official record to explore how safe an operator they are. The DOT says you must review a candidate’s MVR in any state where the driver was licensed or permitted. The lookback period is three years.

If a driver was only licensed in Florida during the last three years, you only need a Florida MVR report. If the driver was licensed in Florida, Alabama, and North Carolina for over three years, you will need MVRs from each state. Analyze these reports for red flags that indicate poor skill or driving behavior. Look for DUIs, driving-related convictions, or any suspensions.

The FMCSA runs an additional, optional Pre-employment Screening Program (PSP). It contains five years of crash-related information and three years of inspection results. It may provide further helpful information to your process.

Conducting an employment verification

Also, following a three-year rule, there is a requirement to contact any business that employed the candidate recently. You must ask specific questions about their driving record. These questions, mandated by the FMCSA, include inquiries such as:

• Was the driver involved in an accident on the job?
• Has the driver ever had a positive drug or alcohol test? Have they ever refused such tests?
• Did they fail a rehab program if one was required?

You’ll also need to confirm job roles and employment dates. Past employers should provide written answers and all relevant records related to accidents or misconduct. Document your efforts to contact employers. If you cannot reach a business, this documentation shows your due diligence.

Screening for drug and alcohol test failures

CDL holders who fail drug and alcohol testing face immediate suspensions and a mandatory process for regaining permission to work. When this occurs, the FMCSA creates a permanent record of these failures. This includes all recent drug testing results. You must run the driver’s name through the FMCSA Drug and Alcohol Clearinghouse to identify recent substance test failures.

Conducting a current drug screen

The law also demands that you order a urinalysis-based drug test of the applicant before their employment begins. This is a multi-panel test that must search for cocaine, opiates, methamphetamine, and even cannabis. Locally legalized cannabis use is not exempt from DOT regulations. You must also use a test to screen for a blood alcohol concentration of 0.02 or higher. A failure of either test disqualifies the applicant.

Ordering a DOT-mandated physical

Drivers must also undergo a physical exam by a DOT-approved doctor, and you must maintain complete records of the exam as supplied by the applicant. This test includes examining vision, hearing ability, and the applicant’s recent medical history. The goal is to identify risk factors that may cause someone to become unconscious behind the wheel.

The Critical Importance of Compliance

With so many steps, employers may blanch at the idea of doing so much to hire drivers. However, these rules are in place for a reason – and there are important reasons to follow them. From a purely practical standpoint, noncompliance is expensive. Violations can cost your business thousands or even tens of thousands of dollars for each instance. The cost of compliance is small in comparison to such punitive fines.

Each step in the process aims to make our roads safer. Driving record checks reveal potentially problematic behavior behind the wheel. Verifying employment as required indicates whether a driver has been unreliable or dangerous for other carriers. Further safety screenings, including physicals and road tests, let you thoroughly verify someone’s suitability to transport people or goods.

These efforts all contribute to safety. While they can’t prevent every accident, they can reduce the likelihood of them. Avoid fines and build a reputation for quality operations with screening that aligns with the law and common sense.

Building a Process That Satisfies All the Requirements

A clear understanding of FMCSA and DOT regulations is necessary for transportation. Failure to follow them could result in losing your business. Costly lawsuits and harmful reputational damage are also possible. Transportation employers are interested in complying with these regulations—safety is your responsibility.

At backgroundchecks.com, we support employers seeking to develop better ways to approach the process. With our reporting tools, we make it easier to obtain the appropriate driving record checks. Without help, a DOT background check may take too long for your business needs. Streamlining employment verification is possible with our help, as is arranging for driver drug tests. Additional tools, including a criminal record check, help round out your broader hiring processes. Learn more about how you can use these resources to your advantage today.