Employment verification

I know that this is important for any one getting hired. I read the regulations posted above and saw for accident info, drug and alcohol testing info. I didn't see anything in there about incident reports. I wonder if that has any bearing as well?

 

Drozzer69:

Incident reports are not classified as anything per FMCSA regulations. Incident reports can be anything from yelling at your dispatcher to dropping a load lock onto a case of pickels in glass jars...etc. Incidents are just that...something less than "reportable accidents" as required by FMCSA regulations. NOW with that said...remember OSHA regulations can and will come into play if you are hurt outside of the truck (loading docks, anywhere at the terminal yard, etc). Those are a whole seperate breed of regulations and have no bearing on FMCSA. Remember this if you remember anything I just post here. FMCSA and OSHA are two seperate government agencies and have no bearing on the other. Its like saying the state (government) will have no bearing on the church as the same will be with the church onto the state. This is standing regulation written in OSHA regulations if you want to take the time to read all about it.

Copied from OSHA website:
"OSHA is preempted by Section 4(b)1 of the OSH Act from enforcing its regulations if a working condition is regulated by another Federal agency. For example:

While traveling on public highways, the Department of Transportation (DOT) has jurisdiction. However, while loading and unloading trucks, OSHA regulations govern the safety and health of the workers and the responsibilities of employers to ensure their safety at the warehouse, at the dock, at the rig, at the construction site, at the airport terminal and in all places truckers go to deliver and pick up loads.


While operating at an airport, if there is an operational plan negotiated between the carrier and the Federal Aviation Administration (FAA) that covers a working condition, then the FAA has jurisdiction.


Due to the DOT brake regulation, OSHA does not cite for failure to chock trailer wheels if the vehicle is otherwise adequately secured. DOT's regulation preempts enforcement and DOT has jurisdiction. However, if the vehicle is an intrastate truck, OSHA has jurisdiction. Only another Federal agency may preempt OSHA's jurisdiction. Consult your Regional Area Office for additional assistance. "

Hope this helps you and anyone else reading this.