The Clearinghouse provides FMCSA along with employers the tools needed to detect drivers who have disregarded the requirements for federal drug and alcohol testing and are restricted from operating a Commercial Motor Vehicle (CMV). The objective of the Clearinghouse is to guarantee drivers get the necessary evaluation and treatment before they continue driving. According to the FMCSA, those required to enroll in the Clearinghouse include:
Employers of commercial driver’s license (CDL) and commercial learner’s permit (CLP) holders, or their designated service agents, and medical review officers who report drug and alcohol program violations that occurred on or after January 6, 2020
Employers or their designated service agents who lead required queries which inform them whether prospective or current employees have drug and alcohol program violations in their Clearinghouse records. Employers must purchase a query plan before doing queries in the Clearinghouse – query plans must be obtained from the FMCSA Clearinghouse website only
Drivers who respond to employer consent requests or would like to view their Clearinghouse record when applying for a job
Substance abuse professionals who report on the completion of initial driver assessments and driver eligibility for return-to-duty testing for violations committed on or after January 6, 2020.
Commercial drivers are not required to register for the Clearinghouse immediately; however, they will need to join in order to respond to an employer’s request for consent before a pre-employment query or other full query conducted. Employers enroll during the first year of implementation to guarantee they can lead required yearly inquiries on employed drivers. There is no cost to enroll.
The Clearinghouse is an online database that enables FMCSA, employers of CDL drivers, State Driver Licensing Agencies, and law enforcement officials to recognize CDL drivers who have violated federal drug and alcohol testing program requirements. As of February, the Clearinghouse has more than 650,000 registrants.
SELECTiON.COM® provides background screening services for the transportation industry to help them make smart hiring decisions. We offer drug screening for pre-employment, post-accident, reasonable suspicion, and random testing. SELECTiON.COM® can help with all the necessary background checks required for the trucking industry and can develop a package to suit your needs. Contact us today!
Ninety-six percent of employers conduct at least one type of background check to guide their hiring-related decision, according to the Professional Background Screening Association (PBSA). Ninety-four percent of employers incorporate some form of a criminal history check in their screening programs.
Criminal history checks are an essential part of the background screening process for hiring. Employers rely heavily on these background checks to make their hiring decisions. They must be sure that their background screening company can provide background checks that are accurate, timely, and transparent.
In this blog, we highlight the two most important qualities that employers require from their background screening provider.
Accurate data
Accuracy is essential in the background screening industry as employee hiring and retention decisions are frequently based on the results of the background check. If the information isn’t accurate, then it can affect the wellbeing, security, and profitability of a given workplace. Defects, gaps, or errors in a report can be incredibly costly and potentially damaging. It’s imperative that these reports not just be precise most of the time, but every time.
Many steps go into a criminal record history check. Organizations need to trust that their background screening provider has an in-depth quality program that includes:
Expert research team members
Data that originates from authoritative sources
Quality assurance
ETAs that mean something
The biggest challenge that employers have when it comes to background screenings is the length of time it takes to receive the results, according to a PBSA study. It costs the company money, and there’s a risk of losing the right candidate with each day spent with an unfilled position.
Your background screening provider should give you a reasonable, exact turnaround time that is based on real-world experience and data. Researchers can provide reasoning for the timeline to avoid the frustration that comes when employers and applicants are waiting for an unknown or unexplained period.
Because background checks are fundamental for practically every organization, employers need to thoroughly research and vet background screening providers before choosing a valuable partner. How does your provider compare when it comes to quality and turnaround times?
At SELECTiON.COM®, quality is our number one priority. Before our criminal reports are sent to clients, they are sent to our quality assurance team for the final review. Our clients expect that the reports we deliver are accurate and reliable, every time. We do this by logging status updates, which allows the employer to know the applicant’s status at any given time.
Contact us today to see how SELECTiON.COM® can take your employment background check process to the next level.
This article gives a general overview of the legal matters. However, it is your responsibility to ensure compliance with all the relevant federal, state, and local laws governing this area. SELECTiON.COM® does not provide legal advice, and we always suggest consulting your own legal counsel for all applicant approval matters.
Employers want peace of mind over a potential new hire. Performing background checks is an excellent way to make sure you are making the right hiring decision. There are many laws that companies need to follow, so it’s essential to have a background check plan and knowledgeable screening partner to avoid costly litigation.
Below are the best practices for pre-employment background screening programs to help guarantee compliance with laws and give a well-rounded report of a candidate’s background.
1. Develop a screening policy and have it written down
A well-composed background screening policy can help an organization consistently enforce hiring standards and procedures. It can also help with alleviating legal and compliance risks. All employees involved in the hiring process should be trained in the procedures. Seek legal guidance when creating a written policy.
2. Remain compliant
There are many federal, state, and local laws that affect the employment screening process. The most crucial federal guideline that employers must follow is the Fair Credit Reporting Act (FCRA). It mandates procedures employers must follow when obtaining and using background screening reports. Employers must also comply with the Equal Employment Opportunity Commission (EEOC) which mandates criminal guidelines for background screening. Other laws that affect hiring are Americans with Disabilities Act (ADA) and state and local laws, which can include Ban the Box, Credit Reports, and E-Verify. Consulting with legal counsel is recommended for compliance with all laws and industry regulations.
3. Use consistent screening methods for each candidate at the same job
Although various jobs may not require the same background screening reports, all candidates applying for the same job position should undergo identical background checks. Employers should look at the job requirements and determine from there what type of background check to run.
4. Establish criteria to assess background check results
Determine the background check standards that will either qualify or disqualify a candidate and stay consistent when analyzing reports to eliminate the risk of judgmental decisions. Look at each case on an individual basis. We recommend that employers consider many factors when interpreting information, such as the nature of the job, amount of time since offense occurred, and type of gravity or conduct of the offense. Laws vary from state to state as to how background check results can be used in the hiring process. More information on this can be found in our white paper on fair chance hiring.
5. Conduct background screening program audits regularly
With frequent changes in legislation and new laws going into effect that impact employment screening, organizations should consistently review their background screening program. By being proactive, monitoring legislation, and continuously updating screening policies, these help employers to be consistent and compliant with laws about the hiring process.
By implementing these basic background screening tips, employers can help ensure that they are remaining compliant with federal, state, and local laws. Partnering with a knowledgeable background check provider like SELECTiON.COM® can take a company’s hiring process to the next level.
This article gives a general overview of the legal matters. However, it is your responsibility to ensure compliance with all the relevant federal, state, and local laws governing this area. SELECTiON.COM® does not provide legal advice, and we always suggest consulting your own legal counsel for all applicant approval matters.
While on the surface, criminal record research seems like a simple public record check, there can be complex layers and nuances that even the most experiences of specialists can find mindboggling.
From jurisdiction to jurisdiction, across more than 3,000 county courthouses, the procedure and accessibility of public record research vary, in some cases, significantly. Failing to comprehend and manage the complexities and particulars of the research process can lead to huge risks. From making a hazardous hiring decision, to unjustly excluding the right applicant, to being liable to fines or lawsuits for failing to adhere to compliance requirements, there is a strong motivation to get the research done right the first time.
Clients depend on their background screening provider to ensure it’s done right.
At SELECTiON.COM®, we pride ourselves on being the leaders in public record research for the background screening industry. Here are three ways we alleviate the complexities of criminal record research to deliver the results you expect:
1. We emphasize relationships.
When you work with people, you accomplish more. Our methodology has always been to establish the best connections we can with local courthouses and the clerks there. We can achieve more and get done faster when we put our relationships first.
2. We attract and cultivate specialists.
At SELECTiON.COM®, we constructed our business around our specialized expertise in public records research, specifically, criminal records. We have industry veterans and leaders in the industry to build our team and address the needs of our clients.
3. We stay on top of emerging trends and changes.
A ton has changed in a brief amount of time for the background screening industry. A significant number of these changes have directly impacted our job as a background screening provider. Take the instance of increasing litigation around compliance issues and the pattern toward redacting personally identifiable information (PII) from public records. These two things alone are changing the way we work. Our ability to remain ahead of rising trends and changes in the industry will keep on positively impacting the success of our clients.
As background screening laws continue the trend of driving compliance requirements, it truly matters who you pick as your research partner. With our highly trained researchers and loyal customer support, SELECTiON.COM® sets a new standard for what you can expect from your public record research provider.
Contact us today to see how SELECTiON.COM® can take your employment background check process to the next level.
This article gives a general overview of the legal matters. However, it is your responsibility to ensure compliance with all the relevant federal, state, and local laws governing this area. SELECTiON.COM® does not provide legal advice, and we always suggest consulting your own legal counsel for all applicant approval matters.
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