The Federal Motor Carrier Safety Administration (FMCSA) announced a final rule to help motor carriers hire bus and truck drivers with the best possible safety records. The rule requires employers to review candidates' professional driving safety records and former employers to make the information available to prospective employers. This final rule enables prospective employers to obtain and use more complete driver safety performance information. By using this information, employers will be able to better assess the potential safety risks of prospective new driver-employees. Prospective employers are required to advise driver applicants that they have the right to review, request correction, or refute what a previous employer provided in the driver's safety history. The rule requires previous employers to respond within 30 days to questions by prospective employers investigating an applicant. Previous employers will be required to go back three years to confirm employment and provide other information about employees such as crash involvement, alcohol and controlled substance violations, rehabilitation efforts, and reversion to illegal alcohol or controlled substances if rehabilitation was unsuccessful. Complaints about failures to comply with this rule will be investigated by the FMCSA. Carriers failing to comply will be cited, and may be subject to civil penalties.
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