It only takes one accident for a company to face a multi-million-dollar negligent hiring lawsuit. Protect your business by using a hiring checklist to mitigate risks when bringing new drivers into your fleet. Here’s a clear guide to help you avoid common pitfalls.
1. Driver Application
The DOT-regulated driver application serves as the foundation for investigating and qualifying new hires.Common mistakes to watch for: Missing, incomplete, or non-compliant applications (per 391.21). This issue frequently arises with drivers who are:
- Long-term employees
- Part of an acquisition
- Leased from a temporary agency
- Occasional fill-ins from the office, or
- Transitioning from a non-regulated position (e.g., warehouse staff).
- The application is not signed before the driver’s first dispatch.
- Critical information is omitted, such as prior regulated employers or residences within the last three years.
2. Driver Background Investigation & Safety Performance History
Conducting a thorough background investigation can prevent costly oversights.Avoid these common errors:
- Failing to inform drivers of their right to review and dispute information found during the screening process. Transparency is crucial if adverse findings lead to a non-hire decision.
- Overlooking employment gaps longer than 30 days. Such gaps could indicate self-employment, license suspension, or incarceration.
- Not obtaining the driver’s safety performance history within 30 days of hire.
- Making only one attempt to verify prior employment dates and accident history.
- Ignoring a pattern of frequent job changes over three years due to a driver shortage.
3. Motor Vehicle Records (MVRs)
Reviewing MVRs requires expertise in understanding state-specific codes and formats.Key issues to avoid: Improper licensing for the assigned vehicle or operation, including:
- Intrastate restrictions for interstate drivers,
- Incorrect license class,
- Missing endorsements
- Suspended, revoked, or restricted licenses.
- Failure to transfer a license to a new state of residency within 30 days.
4. Medical Certification
Accurate documentation of a driver’s medical certification is critical for compliance and safety.Common errors include:
- Not verifying that the medical examiner is listed on the National Registry, both for new hires and after each exam (for CDL and non-CDL drivers).
- Neglecting to request a CDL MVR at hire or within 15 days of each DOT exam.
- Incorrect self-certification on the CDL, such as listing “Excepted Interstate” when the driver is not exempt from medical certification requirements.
5. Road Test
A proper road test is your company’s seal of approval that a driver can safely operate a commercial motor vehicle (CMV).Avoid these pitfalls:
- Skipping remedial training for skill deficiencies noted during the test.
- Missing the road test certificate or evaluation sheet.
- Conducting the road test during, rather than before, the first dispatch.
- Testing in a vehicle different from the one the driver will operate (e.g., testing in a straight truck when the driver will be operating a combination tractor-trailer).
- Inconsistent application of testing standards across different applicants.
Bottom Line:
Reduce the risk of negligent hiring claims by implementing a standardized driver hiring checklist. It’s a best practice that not only promotes fleet safety but also protects your company from potentially devastating legal consequences.
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