• Carriers have many responsibilities when conducting a background check.
• Applicants can challenge the SPH if they find erroneous information.

Before starting an investigation, motor carriers must understand their responsibilities. For all drivers hired on or after October 30, 2004, this includes completing a safety performance history (SPH). When conducting a background check, prospective employers must:

• Notify applicants with Department of Transportation (DOT)-regulated employment within the past three years that they have the right to review and challenge information provided by previous employers.
• Contact each DOT-regulated employer who employed the driver during the preceding three years and request:
  • General employment data about the driver, and
  • Information about commercial motor vehicle (CMV) DOT accidents involving the driver.
• As of January 6, 2023, a pre-employment query in the Federal Motor Carrier Safety Administration (FMCSA) Drug and Alcohol Clearinghouse is the only means of obtaining information on violations under Part 382 and Part 40 for FMCSA-regulated employers;
• Keep a written record of each previous employer contacted, including the name and address, date of contact, and the information received about the driver;
• File the investigation results or show efforts to obtain the information within 30 days of employment;
• Provide identifying data about the driver, such as:
  • Name,
  • Date of birth, and
  • Social Security number; and
• Request basic employment information, including:
  • Starting and ending dates, and
  • Job responsibilities.

Previous employers must respond within 30 days, and the prior employers must keep a record of their response to the prospective employer for one year. Those who don’t respond risk being reported to the FMSCA.

For drivers hired before October 30, 2004, employers must have records of general employment verifications sent to all former employers for the three years prior to the application date or a record of a good faith effort.

Special circumstances

Applicants intending to operate a vehicle requiring a CDL must provide 10 years of employment history for which they operated a CMV. However, the prospective employer only needs to request the safety performance history (SPH) information from employer(s) for the past three years.

If applicants were not employed by a DOT-regulated employer during the preceding three years, documentation stating that no investigation was possible must be placed in the file.

If applicants have a CDL and were subject to DOT drug and alcohol testing over the past three years, the prospective employer must request this information from previous employers, even if the vehicle the applicants will drive will not require a CDL.

Accident information

For all accidents involving the driver during the three-year period preceding the date of the employment application, prospective employers must obtain the following information:

• Date of accident;
• City or town (or most near) and state or jurisdiction where the accident occurred;
• Driver name;
• Number of injuries;
• Number of fatalities; and
• Whether hazardous materials were released, other than fuel spilled from the tanks of motor vehicles involved in the accident.

Prospective employers must also request information about any other accidents the previous employer may wish to provide, though they are not required to provide additional information.

Can an applicant challenge the SPH?

If desired, applicants can request to review the information provided by previous employer(s) and contest the information as follows:

• A written request must be made to the prospective employer within 30 days after the date of hire or date that employment was denied.
• The information must be provided to applicants within five business days after the request is received (or within five days after receiving the information from previous employers, if it was not received by the time of the request).
• Applicants have 30 days to pick up the information.
• If applicants wish to contest the information, they must contact the previous employer and either request the correction or submit a rebuttal.
• Drivers can report any previous employers who refuse to correct erroneous information or include the driver’s rebuttal in information sent to other employers to the FMCSA.