Ensuring compliance with Driver Qualification (DQ) regulations is crucial for maintaining safety standards and avoiding substantial fines from the FMCSA. For safety professionals, navigating these regulations can be a source of significant concern and confusion. Recent trends indicate that carriers frequently struggle with maintaining compliance, leading to various common violations.
Understanding Common DQ Violations
Several DQ violations frequently emerge during compliance reviews. One prevalent issue is the need for current proof of medical certification in the DQ file. An incomplete or missing driver employment application is another common violation. Allowing a driver to operate with a suspended or revoked CDL can also lead to serious compliance breaches. The failure to include new hires and annual MVRs in the DQ file, not maintaining a driver qualification file for each driver, and employing an unqualified driver due to a positive test or expired medical certification also contribute to compliance problems. These violations pose risks, leading to severe penalties and affecting a carrier's safety record. To mitigate the risks associated with non-compliance, focusing on the fundamental DQ requirements is essential.
Essential DQ Requirements for Compliance
Before allowing a driver to operate a CMV, ensure the following steps are completed:
- Driver Application: Ensure the application is fully completed and filed.
- Medical Certification: Verify medical certification and check that the medical examiner is listed on the National Registry.
- MVR and Safety Performance History: Review the MVR and prior DOT-regulated employer investigations within 30 days of hire.
- Road Test: Conduct a thorough road test with a competent examiner to assess driving skills and document the route used.
- FMCSA Drug Test – Perform an FMCSA drug test if the driver is operating a CDL-required vehicle.
- Clearinghouse Query – Run a clearinghouse query and ensure that the driver does not have a prohibited result (if the driver is operating a CDL-required vehicle).
Building and Maintaining Driver Qualification Files
Creating and maintaining comprehensive DQ files is a critical component of compliance. These files should include the driver's application, driving records (MVRs), safety performance history, and certificates of road tests or copies of CDLs, all retained for the duration of employment plus three years. Annual MVRs and review notes, medical cards, and National Registry verifications should be kept for three years, as well as the yearly list of driver convictions. Apply the exact requirements for rehires as new hires and establish policies for maintaining drivers' medical and licensing qualifications.
Ongoing DQ Requirements
Compliance continues after hiring. An annual review of each driver's MVR is required to ensure that they continue to meet safe driving standards or are not disqualified from driving a CMV. This documentation should be retained in the driver's file for three years. It is also crucial for carriers to verify that drivers still meet their hiring criteria, which may exceed regulatory and licensing minimums. Some best practices to follow to maintain compliance include:
- Standardization: Use the same requirements for rehires as for new hires to ensure consistency.
- Policy Development: Develop policies to maintain drivers' medical and licensing qualifications continuously.
- Regular Audits: Conduct regular audits of DQ files to identify and rectify any deficiencies promptly.
What Can DISA Do?
Understanding and addressing common DQ violations is essential for any carrier aiming to maintain compliance and ensure the safety of its operations. By focusing on thorough onboarding processes, maintaining comprehensive DQ files, and adhering to ongoing compliance requirements, you can protect your company from fines, improve safety, and ensure that all drivers are qualified and capable of performing their duties safely. Partnering with DISA Global Solutions can further streamline these processes, providing you with the tools and expertise needed to stay ahead in the complex landscape of driver qualification compliance.
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About DISA Global Solutions
Founded in 1986, DISA is the industry-leading provider of employee screening and compliance services. Headquartered in Houston, with more than 35 offices throughout North America and Europe, DISA’s comprehensive scope of services includes drug and alcohol testing, background screening, occupational health, and transportation compliance. DISA assists employers in making informed staffing decisions while building a culture of safety in their workplace.