For candidates in defined safety-sensitive positions, FMCSR § 391.23 requires that employers request the safety performance history of candidates from each DOT-regulated employer in the previous three years.
Additionally, under FMCSR § 40.25 and § 391.23, specific inquiries must be made to each former DOT-regulated employer that employed the driver within the previous three years in a safety-sensitive function that required alcohol and controlled substance testing. These inquiries pertain to any alcohol or controlled substance violations and failure to complete a mandated rehabilitation program.
We will diligently request this information from each employer upon receipt of the appropriate signed authorizations from your candidate. The candidate’s authorization must specifically authorize former employers to release information to both Imperative and the prospective employer.
Upon receipt of responses from each former employer, an electronic copy of each employer’s response will be included with our report for your files.
FMCSR § 391.23(g)(1) requires that employers respond to inquiries within 30 days. FMCSR § 391.23(c)(3) requires that prospective employers “report failures of previous employers to respond to an investigation to the FMCSA.” Imperative will make these reports on your behalf and provide a copy of each report for your files.