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 Those testing ‘positive’ for drugs should have their employment offer immediately rescinded no matter how qualified they might otherwise appear to be for the position and no matter how badly you need to fill the position!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 PSPPSP  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.