2019年 5 月，一位位于亚特兰大的律师最近赢得了对一名商业卡车司机的诉讼，他闯红灯并因此在红绿灯处撞到两辆车。碰撞并最终因事故而处于极度疼痛和不适的状态。

最初，卡车运输公司的老板承认他没有按照联邦汽车运输安全管理局 (FMCSA) 的规定对司机进行就业前背景调查。

如果根据 FMCSA 规定进行背景调查，公司会发现驾驶员之前在驾驶商用车时造成了两次追尾事故；两次因密切关注这些事故而发出传票；他的商业驾驶执照已被吊销 60 天，并且在 2007 年碰撞前两个月，他在驾驶拖拉机拖车时收到了超速传票。

司机还承认，他没有在他的就业申请中披露之前发生的事件。此外，货运公司在对诉讼作出回应前一个月销毁了与司机申请和诉讼有关的所有文件。

由于被告销毁了文件，法官指示陪审团假定这些文件最终会对货运公司的案件造成损害。庭审期间，货运公司老板改变了说法，称他知道司机以前的驾驶记录，但还是选择雇用他。

根据车主的证词和其他证据，法官允许陪审团考虑对公司以疏忽雇用为由，以及对司机鲁莽驾驶的行为进行惩罚性赔偿。陪审团在此案中判给原告 566,000 美元的补偿性赔偿金和 15,000 美元的惩罚性赔偿金，对卡车运输公司因疏忽雇用而处罚。

在考虑就业之前，FMCSA 要求汽车承运人获得每位司机三年的驾驶和就业历史。交通部 (DOT) 负责监督受托员工（包括 CDL）的毒品和酒精测试计划。DOT 要求雇主进行就业前药物测试并获得三年的药物/酒精违规记录。

FMCSA 和 DOT 制定的其他规定要求雇主持续监控员工。未能进行此检查的汽车承运人可能会受到罚款。虽然在评估罚款时会考虑多种因素，但记录保存罚款从每天 500 美元起，故意伪造记录的罚款为 5,000 美元。正如上述案例所证明的那样，金钱损失可能远远超出 FMCSA 评估的范围。

现在，公司比以往任何时候都更应该考虑一个超越最低合规要求的筛选计划，以最大限度地提高筛选投资的回报。制定严格筛选计划的汽车承运人还可以保护自己免受与不合规、货物盗窃以及与疏忽雇用或保留诉讼相关的风险相关的处罚。

由于卡车运输行业的背景审查规定，选择专门提供服务的审查合作伙伴非常重要，该合作伙伴旨在帮助您遵守 DOT，同时避免因招聘疏忽而引起的责任。观火背调 可以根据您的个人公司需求或特定工作类别要求创建筛选包。

In May 2019, an Atlanta-based lawyer recently won a lawsuit against a commercial truck driver who ran a red light and thus hit two vehicles at a traffic light. Collision and ultimately extreme pain and discomfort as a result of the accident.

Initially, the trucking company's owner admitted that he had failed to perform pre-employment background checks on drivers as required by the Federal Motor Transportation Safety Administration (FMCSA).

A background check under FMCSA rules would have revealed that the driver had been involved in two previous rear-end collisions while driving a commercial vehicle. Two summonses were issued for close attention to these incidents; His commercial driver's license had been suspended for 60 days and he had received a speeding citation while driving a tractor trailer two months before the 2007 crash.

The driver also admitted that he had not disclosed the previous incident in his employment application. In addition, the trucking company destroyed all documents related to the driver's application and lawsuit one month prior to responding to the lawsuit.

Because the defendant had destroyed the documents, the judge instructed the jury to assume that they would ultimately harm the trucking company's case. During the trial, the trucking company owner changed his story, saying he knew the driver's previous driving record but chose to hire him anyway.

Based on the owner's testimony and other evidence, the judge allowed the jury to consider punitive damages against the company for negligent employment and for reckless driving. The jury in this case awarded the plaintiff $566,000 in compensatory damages and $15,000 in punitive damages against the trucking company for negligent employment.

Before considering employment, the FMCSA requires car carriers to obtain three years of each driver's driving and employment history. The Department of Transportation (DOT) oversees the drug and alcohol testing program for entrusted employees, including CDL. DOT requires employers to conduct pre-employment drug testing and obtain a three-year record of drug/alcohol violations.

Other rules set by the FMCSA and DOT require employers to constantly monitor their employees. Motor carriers that fail to perform this inspection may be subject to fines. While a variety of factors are considered when assessing fines, record-keeping penalties start at $500 per day and $5,000 for intentionally falsifying records. As these cases demonstrate, monetary losses can be far beyond the scope of the FMCSA's assessment.

Now, more than ever, companies should consider a screening program that goes beyond minimum compliance requirements to maximize the return on their screening investment. Motor carriers with strict screening programs can also protect themselves from penalties associated with noncompliance, cargo theft, and risks associated with negligent employment or retention litigation.

Due to background check regulations in the trucking industry, it is important to select a review partner who specializes in providing a service designed to help you comply with DOT while avoiding liability arising from negligence in hiring. Fireback can create filter packages based on your individual company needs or specific job category requirements.