The Clearinghouse Rule - Social Service Contractors ...
Risk Management Best Practice Line of Business: AutoSubject: Driver SelectionPurpose: The purpose of this document is to outline suggested best practices when selecting employees who will be operating motor vehicles in the course of their employment. The primary focus will be on non-Commercial Driver’s License (CDL) drivers, and additional pre-employment screening techniques beyond the standard screening you have in place for all potential employees, e.g. applications, drug testing, references etc. However, some links are provided to assist you in understanding the requirements, testing and disqualifications of CDL holders.Recommendations:Job Descriptions & RequirementsAny job that requires driving should be stated in the job description to ensure that the driver selection and qualification procedures are applied. In addition, any specific driving requirements should be noted in the job description e.g. vehicle type, manual transmission. The Human Resources Department should be engaged with the review and maintenance of job descriptions.Driver’s License ChecksDriver’s license information (CDL and non-CDL) is typically gathered as part of the initial job application. Employment applications sometimes include questions about traffic citations over a specified period of time and any past license suspensions. At minimum applicants hired by the public entity without a valid driver’s license, must be excluded from the operation of any owned on-road vehicle or personal vehicle operated on behalf of the entity. Motor Vehicle Record (MVR) ChecksMVR’s are ordered prior to employment and periodically thereafter. It is suggested that MVR’s are obtained and reviewed on a minimum annual basis whenever possible. Prior to ordering MVR’s on any applicant, the public entity must have a signed consent form. Public entities should also consider ordering MVR’s on occasional drivers to avoid negligent entrustment issues. These are employees who may on occasion drive a public entity owned or rented vehicle for business purposes. CDL holders are subjected to reviews as part of their renewal process. While the process varies by state, all states are required to use Commercial Driver’s License Information System (CDLIS) and the National Driver’s Register (NDR) to exchange information on CDL drivers, traffic convictions and disqualifications. To assist in the evaluation of individual MVR’s a table and associated definitions has been included in the Resources and References section of this document.Road TestsCDL holders are required to pass both knowledge and skills tests that comply with Federal Standards. The skills test must be taken in a vehicle that is representative of the type of vehicle they will be expected to operate. This skill test can be performed by an authorized third party if certain conditions are met.Some organizations have instituted a similar policy for employees who may be driving non-CDL governed vehicles in the course of their employment, but because of their unique characteristics present distinctive driving challenges. This can include but is not limited to 15-passenger vans (Note: any vehicle driven for non-compensation with 16 passengers or more including the driver requires a CDL), paratransit vans, straight trucks under 10,001 lbs. etc. Road tests need to be conducted after training has been completed.Drug TestingCDL applicants are required to undergo a pre-employment drug screening. These drivers must receive a negative test prior to operating any vehicle that requires a CDL. January 6, 2020 Federal Motor Carrier Safety Administration (FMCSA) put into effect an online Drug & Alcohol Clearinghouse. Below is a direct excerpt from the FMCSA website . The Clearinghouse RuleThe Clearinghouse rule requires FMCSA-regulated employers, medical review officers (MROs), substance abuse professionals (SAPs), consortia/third-party administrators (C/TPAs), and other service agents to report to the Clearinghouse information related to violations of the drug and alcohol regulations in 49 Code of Federal Regulations, Parts?40?and?382?by current and prospective employees.The Clearinghouse also requires the following:Employers are required to query the Clearinghouse for current and prospective employees' drug and alcohol violations before permitting those employees to operate a?CMV?on public roads.Employers are required to annually query the Clearinghouse for each driver they currently employ.Non-DOT regulated driver drug testing is governed by state and local regulations. Even though this may be optional, many organizations have opted to include drug screening as part of the standard pre-employment screening for all prospective employees. Resources and References:To assist you in evaluating individual MVR’s, the following table and associated definitions have been developed as a guide (Source: States Application Supplement)Number of At-Fault Accidents (Last 3 Years)Number of Violations01230ClearAcceptableBorderlinePoor1AcceptableAcceptableBorderlinePoor2AcceptableBorderlinePoorPoor3BorderlinePoorPoorPoor4PoorPoorPoorPoorDefinitions:Acceptable MVR: No more than two (2) minor violations; OR one (1) at-fault accident in the last three years; OR no more than a combination of one (1) minor violation and one (1) at-fault accident in the last 3 years.Borderline MVR: Three (3) minor violations; OR two (2) at-fault accidents in the last 3 years; OR any combination of minor violations and at-fault accidents in the last 3 years totaling three (3) occurrences.Poor MVR: One (1) or more major violations in the last 5 years; OR four (4) or more minor violations; OR three (3) or more at-fault accident in the last 3 years; OR any combination of minor violations and at-fault accidents totaling four (4) or more occurrences.At-fault accident: Any accident where the driver is cited with a violation or negligently contributes to the incident or any single vehicle accident where the cause is not equipment related.Major Violations:Driving under the influence of alcohol and/or drugs.Failure to stop and/or report an accident.Reckless driving or driving in a speeding contest.Driving while impaired.Making a false accident report.Homicide, manslaughter or assault arising out of the use of a vehicle.Driving while license is suspended or revoked.Careless driving.Attempting to elude a law enforcement officer.Minor Violations include any moving violation other than a Major Violation except:Motor vehicle equipment, load or size requirement violations.Improper display or failure to display license plate(s).Failure to sign and/or display vehicle registration.Failure to have valid driver’s license in possession.Click on the link below or cut and paste into your web browser.UE? Edu Risk by United EducatorsSteering Clear of Liability: Motor Vehicle Report (MVR) Checks for Employee and Student Drivers – Motor Carrier Safety AdministrationCommercial Driver’s License Program, Limousine & Paratransit AssociationParatransit Driver Screening and Training Standards Legal ResourcesNegligent Entrustment Risk Management CenterRisk on the Road: Managing Volunteer Driver Exposures by:Gary BrownRevision:April 2020Evaluations and comments referenced herein are provided for loss control purposes only in conjunction with the insurance program SSCIP. They are not made for the purpose of complying with the requirements of any law, rule or regulation. We do infer or imply in the making of these evaluations and comments that all material facts were reviewed or that all possible hazards were noted. The final responsibility for conducting safety, loss control and risk management programs must rest with the member. ................
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