What Is a Safety Performance History Check for a New CDL Driver?

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A safety performance history check is a motor carrier's investigation of a new driver's record with DOT-regulated employers during the preceding three years, required by 49 CFR 391.23(a)(2). Under 391.23(d), the carrier investigates, at a minimum, the following from each previous employer that employed the driver to operate a commercial motor vehicle in that period:

General driver identification and employment verification information
Accidents involving the driver in the three years before the employment application, using the data elements in 49 CFR 390.15(b)(1)

Under 391.23(e), the carrier also investigates drug and alcohol information from previous DOT-regulated employers where the driver performed safety-sensitive functions that required Part 40 testing. This covers violations of the alcohol and controlled substances prohibitions, any failure to complete a rehabilitation program prescribed by a substance abuse professional (SAP), and later testing violations by a driver who completed a SAP rehabilitation referral and remained with the referring employer. Under 391.23(e)(4), employers subject to 49 CFR 382.701(a) use the Drug and Alcohol Clearinghouse for this information with respect to previous FMCSA-regulated employers, and under 391.23(e)(4)(ii) they request it directly from previous employers regulated by another DOT mode, as covered in What Drug and Alcohol Clearinghouse Queries Must Employers Run?.

Under 391.23(g)(1), a previous employer responds within 30 days after receiving the request, even when it has no safety performance history to report. Under 391.23(c)(1), replies, or documentation of good faith efforts to obtain them, go in the driver investigation history file within 30 days of the date employment begins. Under 391.23(c)(2), the investigation may be done by personal interviews, telephone interviews, letters or any other method the carrier deems appropriate.

Under 391.23(f)(1), if the driver refuses to consent to the release of the drug and alcohol information, the carrier must not permit the driver to operate a commercial motor vehicle for that carrier. The driving record inquiry in 391.23(a)(1) is covered in What Driving Record Check Is Required When a Motor Carrier Hires a Driver?.

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