Safety Performance History Requests: Getting Records from Prior Employers

When you hire a new CDL driver, FMCSA requires you to contact their previous employers and request safety performance records. It's one of the most overlooked — and most confusing — parts of building a driver qualification file.

Here's exactly how the process works, what the law requires, and what to do when previous employers don't respond.

What the Law Requires

Under 49 CFR §391.23(d)–(g), motor carriers must investigate the safety performance history of any driver they intend to hire. Specifically, you must:

1. Identify every DOT-regulated employer the driver worked for in the previous 3 years
2. Send a written request to each employer asking for safety performance information
3. Document your request and any responses (or non-responses)
4. Consider the information received when making your hiring decision

This applies to all DOT-regulated employers — not just trucking companies. If the driver previously worked for a bus company, hazmat transporter, or any other entity regulated by FMCSA, you need to contact them.

What Information You're Requesting

The safety performance history request covers three categories:

1. Accident History

Any DOT-recordable accidents the driver was involved in during their employment. A DOT-recordable accident involves a commercial vehicle and results in a fatality, bodily injury requiring medical treatment away from the scene, or vehicle damage requiring a tow.

2. Drug and Alcohol Testing Violations

Any positive drug tests, positive alcohol tests (BAC of 0.04 or higher), or refusals to test that occurred during the driver's employment. This includes pre-employment, random, post-accident, reasonable suspicion, and return-to-duty testing.

3. Refusals to Test

Any instances where the driver refused to submit to a required drug or alcohol test. A refusal is treated the same as a positive result under DOT regulations.

How to Send the Request

There's no official FMCSA form for the request, but your letter must include:

• Your company name, address, and DOT number
• Driver's full name and date of birth
• Driver's dates of employment with the previous employer
• A specific request for accident history, drug/alcohol violations, and refusals to test
• Your contact information for the response
• A statement that the information is being requested per 49 CFR §391.23

Send the request via a method you can document — email with read receipt, fax with confirmation, or certified mail. You need to prove you made the request.

Timeline and Deadlines

Key point: You can let the driver start working before receiving responses. The request must be sent before they start, but you have 30 days to complete the investigation. This is one of the few pre-employment requirements where timing is flexible.

When Employers Don't Respond

This is the most common frustration. Previous employers are required to respond within 30 days, but many don't — especially small companies, companies that have gone out of business, or companies with poor recordkeeping.

Here's what to do:

Step 1: Document Your Initial Request

Keep a copy of the letter/email you sent, along with proof it was delivered (email delivery confirmation, fax confirmation page, or certified mail receipt).

Step 2: Follow Up

If no response after 15 days, send a second request. Document this follow-up with the same proof of delivery. A phone call is also appropriate — note the date, time, who you spoke with, and what they said.

Step 3: Document the Non-Response

If 30 days pass with no response, create a written record stating:

• The name and address of the previous employer
• Dates of your request(s)
• Method of delivery
• Follow-up attempts
• A statement that no response was received despite good-faith efforts

File this documentation in the driver's DQF. This demonstrates compliance with the regulation even without a response.

Step 4: Use the FMCSA Clearinghouse

The Clearinghouse provides drug and alcohol violation information directly, reducing your dependence on previous employer responses for that category. A pre-employment full query covers this data regardless of whether the prior employer responds.

Responding to Requests From Other Carriers

The process goes both ways. When another carrier contacts you about a former driver, you are legally required to respond within 30 days. Failure to respond can result in penalties.

Your response should include:

• Whether the driver had any DOT-recordable accidents during employment
• Whether the driver had any drug/alcohol test violations or refusals
• Employment dates

If the driver had a clean record, a simple letter confirming "no reportable incidents" is sufficient. If there were incidents, provide factual information without opinions or subjective assessments.

Driver's Right to Review

Under §391.23(h), drivers have the right to review the safety performance information you receive about them. If a driver requests to see what their previous employer reported, you must provide it. The driver also has the right to dispute inaccurate information — and you must document their rebuttal in the file.

Best Practices

• Send requests on Day 1 — don't wait; the 30-day clock starts from delivery
• Use a template — standardize your request letter so it includes everything required
• Track requests in a spreadsheet or DQF software — note sent date, follow-up date, response date
• Keep copies of everything — proof of sending is just as important as the response
• Respond promptly when other carriers request from you — it's the law, and it's good industry practice