What questions do we ask a previous employer to comply with 391.23?

Section 391.23 specifies the “safety performance history” information that must be obtained from previous DOT-regulated employers of a driver/applicant. The following information must be obtained from all previous employers of the applicant that employed the driver to operate a commercial motor vehicle within the previous three years:

1. General driver identification and employment verification information.
2. The data elements specified in 390.15(b)(1) (i.e., the accident register information) for accidents involving the driver that occurred in the three-year period preceding the date of the employment application. You must also ask for information about any accidents the previous employer may wish to provide that are retained pursuant to 390.15(b)(2), or pursuant to the employer’s internal policies for retaining more detailed minor accident information, but previous employers are not required to provide this additional information.

The inquiry must also contain specific contact information on where the previous motor carrier employers should send the requested information. The investigation may consist of personal interviews, telephone interviews, letters, or any other method for investigating that the carrier deems appropriate.