I have two minor accidents, both of which meet the following criteria:
- No citations were issued (accidents not my fault)
- Accidents do not appear on my MVR
- Accidents do not appear on my DAC
- Accidents are not DOT reportable per §390.5
However, both of these accidents are considered preventable by the safety department of my previous employer. One of these is marked by their safety department as a preventable lane change accident, which sends most prospective employers running for the hills!
- No fatalities
- No injuries
- No tow truck used
My questions are:
Should I even list these accidents on my application? If I do not list them, can my prospective employer obtain this information from my previous employer under §391.23 and refuse to hire me?
Any help would be appreciated here, as I have been looking for work for 8 months now, and these two minor accidents are preventing me from being employed.
Question about accidents
Discussion in 'Questions From New Drivers' started by devnull, May 5, 2008.
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so where are these accidents listed? how would they find out about them?
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If they are not on your driving record and don't show up as points on your license, don't mention them. Every company loves volunteer information from you that isn't affected by the lawful restraints of what previous employers can say.
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So the real question here is; can prospective employers ask previous employers about internal information on accidents or incidents that they otherwise would not know existed? If so, why is there a DAC in the first place? Seems somewhat redundant if such lawful restraints do not exist. It seems trucking companies love to quote §391.23 as the uniform catchall for asking your previous employer anything they want without any lawful restraints. Does anyone know the regulations well enough to give me some specific information here?
Normally, previous employers are restrained by the law from saying "this employee sucks don't hire him," however it seems in the trucking industry anything goes! What exactly are previous employers allowed to say about you?
Cheers! -
Is this thread in the wrong section? I cant be the only one who has been curious about the information exchange laws for employers.
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Well, I went and looked at 391.23. It's pretty clear there what they can ask about via 391.23. Safety issues. Period. There may be other chapters that allow other questions, but I kinda doubt it.
Safety issues includes Accidents - whether DOT reportable or not. It includes any other safety issue as well - including verified positive drug hits and BAC results of .04 or greater, violated the drug/alcohol regulations (as expressed in the FMCSR), drug/alcohol test refusals, and completion (or non-completion) of drug/alcohol rehab programs.
I may have left some out... was a quick scan.
They are *required* to ask for this information.
They are *required* to ask it of any DOT regulated employer you worked for in the past three years. So, if you worked for Mom's Trucking for 18 years, then for Bob's Hauling for 2, the new company would get that information from Bob, and all 18 years worth of info from Mom.
That's employer to employer investigation.
The DAC, however, is something different. There's nothing about it in the FMCSR at all. It's a third party database, and as far as I can tell, there are zero objective rules for data entry. If Mom's Trucking wants to put "Devnull is a blue banana and votes for lame presidential candidates", it appears they can do that. (I'm not a subscriber, so I don't have access - I'm basing this on guesswork). Of course, you can rebut anything in the DAC, and there are rules for corrections as well.
The real point of complaint about the DAC is that it is not objective There is no requirement for evidence at all. It's simply "This is here because I say it happened". It depends on the strict honesty of the reporting party. For that reason alone, the system is inherently lawed and worthless.
Fortunately, more and more companies are realizing that, and are either ignoring DAC altogether, or at least assigning it much lower precedence in their hiring criteria
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