Are you running background checks on your new drivers? If not, you should be.
Pre-employment background checks have become an expected part of the hiring process for most employees, and for carriers who must create and maintain driver files they are required by law. These background checks serve as a verification of a driver’s past DOT-regulated employment history and include information on their driving record, drug and alcohol violations and work experience. Once collected, this information must be kept in a secure location to protect the privacy of the individual.
More than Just DOT Compliance
For many in the transportation industry, staying compliant with DOT regulations is top of mind. So when it comes time to create a new driver file – either for yourself or a new employee – it can be easy to forget that those aren’t the only regulations you must adhere to. First and foremost, as an employer using a third-party vendor to run your background checks on a new employee you must also adhere to the Fair Credit Reporting Act (FCRA).
What is FCRA?
FCRA is a federal regulation that gives applicants and employees an opportunity to address inaccuracies on their background check reports before an employment decision is made. It addresses:
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The process for which employers can obtain background checks.
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How consumers must be reported when credit or background information affects their employment.
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How consumers can address false or erroneous information in a background check or credit check report.
Running a Background Check? Do This First.
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To be FCRA compliant, you must provide a disclosure that a background check will be done and you must have written permission from the applicant or employee before you order a background check. In total, the consumer will need to be supplied with three documents:
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Disclosure: This notice must be given to the applicant or employee independently of other paperwork. For applicants, for example, you cannot include the disclosure statement on the application. The disclosure must be clear and conspicuous, in writing and consist solely of the disclosure. If you intend to run periodic background checks on an employee after they’re hired, that intention must be clearly stated within the disclosure.
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Authorization: The Employer requesting the background check must obtain written authorization from the consumer, acknowledging they have received the Disclosure, as well as providing consent that expressly permits both the research and Consumer Report to be produced about them.
Summary of rights: If the Employer plans to take adverse action based on the contents of the consumer report, the consumer must be provided with a copy of the “Summary of Your Rights Under the Fair Credit Reporting Act.” You can download and print a copy here.
An Intro to Adverse Action
If you’re making any negative decision based in whole or in part on information contained in a Consumer Report, you must follow FCRA Adverse Action Guidelines. This procedure must be followed even if the information in the Consumer Report informing your employment decision is not the only factor in the decision. For example, if you decide to no longer pursue a job candidate because of a piece of information in the report, as well as because other candidates had more desirable qualities, the Adverse Action and Pre-Adverse Action procedures must still be followed.
Compliance Matters
As a carrier hiring new drivers, compliance should be one of your top priorities. While DOT compliance is of primary importance, there are many additional compliance concerns to keep in mind when onboarding new drivers. As an employer, it’s important to understand the full scope of expectations. Teaming with a trusted partner for all your fleet-related compliance and risk mitigation needs can help relieve you from the burden of managing it all yourself and free up your time for more meaningful tasks. Learn more about Foley's platform for hiring, screening, and monitoring your safety-sensitive employees.
For more information on this topic, check out: The FCRA and Background Checks: A Complete Guide
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