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Driving investigation history (DIH) storage requirements
  • Prospective employers must keep a confidential DIH file for all new or prospective drivers.

For one year, previous employers must keep:

  • A record of each request received from prospective employers;
  • A record of any response sent, including:
    • The date;
    • The party to whom it was released; and
    • A summary identifying what was provided.
  • Requests for correction of erroneous information and rebuttals received from former employees.

Prospective employers must keep a confidential driver investigation history (DIH) file containing all records related to the investigation into the safety performance history (SPH) of a new or prospective driver. At a minimum, this includes:

  • A copy of drivers’ written authorization for the carrier to seek information about their drug and alcohol history (for FMCSA-regulated employment prior to January 6, 2023 and all other verifications of violations under non-FMCSA DOT agencies);
  • A copy of the response(s) received from each previous employer, or documentation of “good faith efforts” to contact them. This must be in writing, and the record must include:
    • The previous employer’s name and address;
    • The date the previous employer was contacted; and
    • The information received about the driver from the previous employer; and
  • Documentation of failures to contact a previous employer, or of them to provide the required SPH information.

The DIH file must be maintained in a secure location with controlled access. Employers must take all precautions reasonably necessary to protect the driver SPH records from disclosure to unauthorized people. Access must be limited to those directly involved in the hiring decision or who otherwise control access to the information. DIH file information must only be used in the hiring decision.

SPHs must be retained for the duration of employment and for three years afterwards. If the driver is not hired, the Federal Motor Carrier Safety Administration (FMCSA) does not require retention of the documents. However, employment law requires retaining vetting tools for typically one year.