SAFER HIGHWAYS SERVICES
Drug & Alcohol
FACT: Only about 23% of our Nation’s drug-abusers are sitting around in the abandoned buildings and back alleys of our cities ‘shooting up’ heroin, ‘snorting’ coke, ‘taking a hit’ of grass, or ‘popping’ some meth…
FACT: The other 77% of all drug-abusers are EMPLOYED! (How many are employed by your company?)
At the very minimum, therefore, the following ’15’ elements should be an integral part of your company’s Drug-Free Workplace Program…to make it work optimally and to keep it effective for the long-term:
1. Prepare a written “Drug-Free Workplace” Policy for your legal protection, copy it to all employees; have the acknowledgment of their review and understanding of it signed and dated by them and placed in their personnel file. Mayberry Safety Solutions can custom-write such a policy for you, which includes an acknowledgement of receipt for your employees to sign. (Fourteen states actually have laws requiring a written drug testing policy; two states require state-approval of the policy before implementing a drug testing program. Call us at 1-336-429-5351 (if you need more information about this. We know all the rules. We can help!)
2. Post “We Are a Drug Free Workplace” or similar signs in the parking gate entrance, the entrance to your building and/or the lobby, the coffee room, and above the employee time clock. (The law in two states actually requires conspicuous posting of this type.
3. Circulate substance-abuse prevention education materials (e.g., pamphlets/videos) to all supervisors, managers, and other employees once annually; a short ‘reminder’ notice of your Drug-Free Workplace company policy – and perhaps some drug-abuse facts – should be included inside pay envelopes at least once per calendar quarter.
4. Perform pre-employment drug testing on every new hire. Those testing ‘positive’ for drugs should have their employment offer immediately rescinded no matter how qualified they might otherwise appear to be for the position and no matter how badly you need to fill the position! (Law in five states requires that any drug testing be performed post-hire only; law in one state requires that pre-employment testing is permitted only in conjunction with a “comprehensive physical” exam; rescission of the job offer can be made following a confirmed positive for illicit drugs.
5. Include this statement in ALL your help wanted ads: “Employment subject to passing a drug test.”, or, “We drug test all new hires.”, or similar notice. (Laws of four states require from 10 days up to 60 days notice be given to an employee prior to beginning a drug test program.
6. Post “We Drug Test to Keep Our Company a Drug-Free Workplace”or similar signs prominently for all job candidates to clearly see at the entrance and inside ALL hiring offices.
7. “Randomly” drug test (laws permitting) at least 50% of your employee base annually. Depending on the number of employees you have, perform random testing at least once monthly or every week. Mayberry Safety Solutions routinely provides computerized random “selections” quarterly, monthly, or weekly for all clients who test randomly. Industry experts agree that on-going random testingis the single-most effective deterrent to on-going workplace drug abuse. (NOTE: Specific ordinances in two U.S. cities and laws in eleven states either limit or specifically do not permit “random” testing of employees.
8.Test an employee for “reasonable suspicion” whenever reasonable cause is justified by virtue of their display of any performance, behavioral or physical “indicators” of drug-use. (These indicators of drug-use are listed by Mayberry Safety Solutions for your convenience on another page of our website: CLICK HERE to view them. Also, Mayberry Safety Solutions provides excellent “on-line” training that teaches your managers to more easily identify drug-use in your workplace, and, how to address the issue. CLICK HEREto learn more.)
9. Arrange yearly substance-abuse awareness training for each of your supervisors and managers. Such training will help them to identify the ‘indicators’ of drug-use among their crew and teach them the most effective methods of isolating and preventing a possible drug-use related workplace problem before it becomes a crisis for your company. Mayberry Safety Solutions can arrange such training for your supervisors and managers through an instructor who will visit your location(s), or, we can arrange “E-Training” (at much lower cost) for your management people “on-line”- via the Internet. (Annual drug-abuse “awareness training” of company supervisors and/or all company employees is required by law in four different states. Mayberry Safety Solutions provides such training nationwide. CLICK HEREfor a description and pricing of this specialized training. Call us at 1-336-429-5351 if you need more information about this.)
10. “Post-accident” drug test an employee whenever justified by serious injury, damaged/loss of property, or life. (IMPORTANT NOTE: At least “40” states will consider a denial of Workers’ Compensation benefits when an accident is caused by your employee whose ‘post-accident’ drug test is positive for illicit drugs. The majority of those 40 states ALSO will consider a denial of Unemployment benefits for that same reason. And you thought drug testing might cost too much? “Post-accident” drug testing – alone – can save your company literally tens of thousands of times more money than it costs! We discuss the “cost” of a workplace drug testing program (i.e., a “Drug-Free Workplace”) in detail on another page of our site. CLICK HERE to access it.
11. Use ONLY federal/state certified labs for the analysis of all specimens that are sent to a lab. (Laws in five states and in one U.S. Territory require that all elements of a company drug testing program – including the choice of testing lab – strictly follow U.S. Department of Transportation guidelines.
12. Have all specimens that initially test “positive” (including those based upon results of so-called “on-site” drug test devices or ‘kits’) re-tested by a certified lab…it’s called “confirmation” testing. (Confirmation testing of initial positives when using “on-site kits” is required by law in a number of different states.
13. Utilize the services of a Medical Review Officer (MRO) for all positive results. CLICK HERE to learn more about how essential a MRO is to the credibility of the workplace drug testing process and fairness to the employee. (Law in multiple states requires the use of an MRO!
14. Ensure that all test results of employees are kept strictly confidential! Inform ONLY those with a “need to know” of final drug test results; maintain ALL results with strict security.
15. Impose ALL terms of your company’s written testing policy strictly, fairly, and equally with ALL employees- do not engage in favoritism, and make no exceptions.
NOTE: Mayberry Safety Solutions can help you and your company implement ANY one or EVERY one of the above 15 essential elements!
Clearinghouse
The Clearinghouse contains information about holders of commercial driver’s licenses (CDLs) and commercial learner’s permits (CLPs) who are covered by FMCSA’s Drug and Alcohol Testing Program.
How is the Clearinghouse used by different types of parties?
| EMPLOYERS Report drug and alcohol violations and check that no current or prospective employee is prohibited from performing safety-sensitive functions, such as operating a CMV, due to a drug and alcohol program violation for which a driver has not successfully completed a return-to-duty (RTD) process. | CDL DRIVERS View own record, provide consent to current or prospective employers to access details about any drug and alcohol program violations, and select a Substance Abuse Professional, if needed. |
| MEDICAL REVIEW OFFICERS Report verified positive drug test results and test refusals | SUBSTANCE ABUSE PROFESSIONALS Report RTD initial assessment and eligibility status for RTD testing. |
| CONSORTIA/THIRD-PARTY ADMINISTRATORS On behalf of an employer, report drug and alcohol program violations and perform driver queries as required. | STATE DRIVER LICENSING AGENCIES Query the Clearinghouse prior to completing licensing transactions. |
Pre-Employment Screening Program
What is the Pre-Employment Screening Program?
The Pre-Employment Screening Program (PSP) is a screening tool that allows motor carriers and individual drivers to purchase driving records from the Federal Motor Carrier Safety Administration’s (FMCSA) Motor Carrier Management Information System (MCMIS). Records are available for 24 hours a day via the PSP web site and during business hours of Mayberry Safety Solutions.
I requested a PSP report and it contains no data. The top of the report indicates that no crash or inspection results were found. How should I interpret this?
Each PSP report request finds crash and inspection data based on the information provided for a driver. Blank reports typically mean that the driver has not been involved in a crash in the last 5 years or an inspection in the last 3 years.
What information does the Pre-Employment Screening Program (PSP) record contain?
A record purchased through PSP contains the most recent 5 years of crash data and the most recent 3 years of roadside inspection data, including serious safety violations, from the FMCSA MCMIS system for an individual driver. The record displays a snapshot in time, based on the most recent MCMIS data load to the PSP system.
My PSP record shows that I was involved in a crash. That crash was not my fault. Why is the crash listed?
PSP records list all reportable crashes. The list of crashes represents a driver’s crash involvement only, without any determination as to responsibility.
Why did FMCSA develop PSP?
Developing a system to make safety performance information electronically available for pre-employment screening purposes was mandated by Congress in the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, Title 49 U.S. Code, section 31150 Public Law 109-59 Section 4117. FMCSA believes that making this driver data available to potential employers and operator-applicants will improve the quality of safety data and help employers make more informed decisions when hiring commercial drivers. PSP provides more rapid access to commercial driver safety performance information than is available via Freedom of Information Act (FOIA) or Privacy Act requests.
Who can request a PSP record?
Motor carriers may request PSP records solely for the purpose of conducting pre-employment screening and only with the operator-applicant’s written consent. Individual drivers or operator-applicants may purchase their own PSP record at any time.
Does a motor carrier have to use the PSP for hiring drivers?
No, the PSP is a voluntary program for carriers. It is also voluntary for drivers.
How do motor carriers obtain PSP data?
FMCSA is working with a contractor, NIC Technologies, LLC (NIC Technologies or ‘NICT’), to provide PSP data to motor carriers with the operator-applicant’s written consent. A motor carrier must enroll to participate in the PSP online program. Then, the motor carrier will be provided credentials to access the PSP online service. A carrier needs an Internet connection and a Web browser to access PSP.
Motor carriers may also continue to obtain driver safety performance information free of charge by submitting a Freedom of Information Act request to FMCSA http://www.fmcsa.dot.gov/foia/foia.htm.
Is the operator-applicant informed when this data is released to a motor carrier?
No, the operator-applicant will not receive notice from NIC Technologies that the information was released. However, the motor carrier must obtain the operator-applicant’s written consent before requesting the operator-applicant’s PSP record. Motor carrier audits are conducted to ensure compliance.
Can operator-applicants obtain their MCMIS information?
Yes. Operator-applicants can obtain a copy of their inspection and crash data in MCMIS through the PSP online service for the prescribed fee. Operator-applicants may also obtain their own information free of charge from FMCSA by submitting a Privacy Act request.
How does information get into PSP? Is it only from MCMIS or will city police departments, county safety offices, and other enforcement agencies be able to add crash and inspection information?
PSP only contains MCMIS inspection and crash information that is uploaded to MCMIS by FMCSA federal staff and state partners.
What processes are in place to ensure that operator-applicant data is properly released?
NIC Technologies is required to adhere to the Privacy Act, the applicable sections of the Fair Credit Reporting Act and all other applicable federal laws to protect driver information. NIC Technologies is also required to develop processes and systems to protect the FMCSA-supplied data from unauthorized disclosures, thefts, manipulation, or dissemination. This includes processes to ensure that operator-applicant’s written consent is obtained in accordance with federal security requirements, including the Driver’s Privacy Protection Act of 1994.
How does the driver’s record from a State Department of Motor Vehicles fit into the process?
The state Motor Vehicle Record information is not available through PSP. PSP only contains MCMIS inspection and crash information. Motor carriers and drivers must continue to request state motor vehicle records from the state’s motor vehicle department.
How are PSP records provided?
Reports are transmitted almost immediately in most circumstances. Drivers and motor carriers can view the records using a PDF viewer. A PDF viewer allows you to save and print the record. Drivers can also view the record in HTML, with no PDF viewer required. A PDF viewer can be downloaded, for free, at http://get.adobe.com/reader/.
Does my third-party screening provider participate in the PSP program? If so, can I obtain this information through them?
Please consult your provider to determine if they participate in the Pre-employment Screening Program.
I represent a motor carrier who accesses records through a third-party screening provider. How can I pay for the records?
The third-party screening provider invoices the motor carrier or individual directly.
Can a motor carrier request more than one driver’s record at a time?
Yes. A motor carrier user may request multiple drivers at one time.
What if a driver has held a CDL in more than one state?
The PSP system allows motor carriers to search a driver’s complete history. This means the motor carrier should, and is encouraged, to search any CDL currently held by the driver, as well as licenses held in the most recent five years.
How can I contact the PSP customer service team?
Please send questions about the Pre-employment Screening Program via email to PSPhelp@egov.com.
Will my company information be used for any other purpose?
No. Company information is only used for enrollment in the PSP system and account management purposes.
What legal obligations do motor carrier account holders have using this service?
In the enrollment package, you will find documentation of all legal obligations incurred by using the PSP service. Account holders are required to consent, in writing, that the company will only use the records for pre-employment screening purposes, that the company has obtained the written consent of all applicants whose records were purchased, and that the company will abide by regulations provided under the Fair Credit Reporting Act, among others.
What if I want to contest the information in my PSP record?
Reviews of violations that are adjudicated in the State court systems do not automatically result in a change to any Federal Motor Carrier Safety Administration (FMCSA)-released data, which includes PSP data. In order to have a violation removed from the PSP record, a motor carrier or driver must file a request for data review (RDR) in the DataQs system. When an RDR is made through the DataQs system and the request is granted, the organization responsible for the data makes the appropriate changes. The record is then updated in MCMIS and within 30 more days it will be reflected in PSP. Users may only use the DataQs system to request a data review on data used by FMCSA. The web site for data correction is https://dataqs.FMCSA.dot.gov.
What type of information can be contested in my PSP record?
If a PSP record contains inaccurate information, then that should be brought to the attention of the Federal Motor Carrier Safety Administration, Department of Transportation by submitting a DataQs request for data review. The web site for data correction is https://dataqs.FMCSA.dot.gov. Violations that appear on an inspection report can be reviewed for accuracy on the DataQs website. Citations issued to a driver as a result of an inspection or traffic enforcement cannot be submitted to the DataQs website for review. Crashes that involve a commercial motor vehicle are reportable to FMCSA, even if the driver is not at fault. Drivers cannot request a review of a crash event due to no fault of the driver.
Is the “Important Notice Regarding Background Reports from the PSP Online Service” form mandatory in order to participate in the PSP?
No. The template provided in the enrollment packet is a “sample” disclosure form that NIC made available to motor carriers. The account holder is not required to use this sample. FMCSA/NIC only requires that the release used by motor carriers contain certain information relating to the applicable sections of the Fair Credit Reporting Act (FCRA; 15 U.S.C. 1681 et seq.) and covers the Pre-Employment Screening Program. These requirements are addressed in the Monthly Account Holder FCRA Employer Certification and the Monthly Account Holder Agreement on pages 7, 13-14. FMCSA and NIC encourage motor carriers to seek their own legal counsel with respect to the format and content of the notice.
I had a roadside inspection very recently. Will this be available in the report?
Data from MCMIS is uploaded to the PSP system approximately once a month. This is considered a MCMIS data snapshot. The date of the most recent MCMIS data snapshot is available on the bottom of your PSP report. Reporting times vary by state. If you do not see a crash or inspection that you expect, you may consider accessing your PSP record again approximately a month after the snapshot date printed on your PSP report.
I was the co-driver for an inspection. Does the PSP report show my inspection or violation?
Yes. Each inspection record shows all violations associated with that inspection. If the requested driver is listed as a co-driver for the inspection, then the violation will show “Listed as Co-driver”. The Violation Summary section will display and count violations attributed to a co-driver only if the co-driver was the individual requesting the PSP report. When the primary driver requests their record, any violations charged to a different co-driver will be shown with a single red asterisk (*) in the inspection detail portion of the report.
How are violations resulting from an inspection following a crash shown in the PSP report?
Typically after a crash an inspection will occur. Violations that result during an inspection following the crash are shown with two red asterisks (**) in the inspection detail portion of the report. These post-crash violations are neither displayed nor counted in the Violation Summary section.
I drive a large vehicle, over 10,001 pounds, but do not have a CDL. Could I have crash or inspection history in a PSP report?
Yes. The MCMIS database contains incidents recorded when driving a commercial motor vehicle (CMV) and trailing units that weigh 10,001 pounds or more. This includes drivers of CMV’s that may or may not have a CDL. A driver is not required to obtain a CDL unless they drive a vehicle that meets at least one of the following distinctions:
– the vehicle weighs at least 26,001 pounds, or
– the vehicle contains hazmat materials, or
– the vehicle is designed to transport 16 or more persons (including the driver), or
– the vehicle is a tanker truck, or
– the vehicle has air brakes.
I am an account holder and was notified that I am being audited. Why?
According to federal law, PSP users must obtain the driver’s written consent prior to accessing their PSP record. The audit process, as explained in the PSP enrollment agreement, is in place to ensure that the written consent is being captured.
I am a driver; can I be the subject of a PSP audit?
No. Drivers may request their PSP report at any time and provide electronic consent for the PSP record request. Therefore, drivers do not need to be audited.
What information must be on a driver’s written consent form to meet the obligations of an audit?
In addition to being legible, every driver’s written consent form must contain:
– Driver’s Name
– Driver’s Signature (electronic or handwritten)
– Date (signed on or before the PSP record request date)
– Reference to “PSP” or “Pre-Employment Screening Program”
How do I submit a driver’s written consent form in the audit process?
Driver’s written consent forms can be faxed to 1-703-841-6370 or emailed to PSPhelp@egov.com. Call the customer service team at 1-877-642-9499 if you need an alternative submission method.
How will I know if I pass the audit?
You will receive an email after your audit has been finalized with the results of your audit.
How many driver’s written consent forms will I need to submit for an audit?
One or multiple driver consent forms may be requested during an audit.
What happens if I am not able to provide a driver’s written consent document?
FMCSA penalties vary and include warnings, PSP account suspensions or terminations.
Does the audit include an on-site visit to my company?
No, at this time FMCSA does not plan on making on-site audit visits related to the PSP driver’s written consent.
I wasn’t able to meet the obligation of an audit and have been subject to a penalty, now what?
The PSP customer service team can assist you so you are prepared for your next audit. Account holders are returned to good standing after 12 months of acceptable audit activities.
How do I know if my account is being audited?
Your account’s primary contact will be notified via email if/when your account is selected for audit. You will also have to acknowledge the audit when you log into PSP. If you have not received notification, then you have not yet been selected for audit.
Criminal Background Check
Mayberry Safety Solutions also offers a full scope of services including Criminal Records and Driving records.
- Background Checks
- Criminal Records
- State Criminal Database
- National Criminal Database
- County Criminal Records
- Federal Criminal Records
- Driving Records
- SSN Verifications
- DOT – Drug Testing
Motor Vehicle Records
Mayberry Saftey Solutions is the premier source for instant access to drving records and motor vehicle record (MVR) information. We offer the fastes turanaround time of druving records and background checks. Our web based services is the easiest system to used by far.
The two primary purposes for ordering driving records are insurance and pre employment screening. Driving records give these two industries an insight into the driving habits of the individuals in question, and enable them to make informed and accurate decisions.
Checking the driving record of current and prospective employees is crucial to the success of your businesses. Your first step in Fleet management driving safety is checking the driving records of your all your drivers. Fleet management safety programs lead to increased productivity, reduced downtime, better planning and improved use of equipment, better employee morale, reduced insurance costs and improved customer satisfaction.