FMCSA Pre-Employment Screening Program Wisconsin Council of Safety Supervisors Monthly Dinner Meeting January 21, 2016 Mandatory Driver Disclosure and Authorization Changes

PSP What  2010 U.S. Department of Transportation Initiative ●PSP 1.0 launched – May 2010 ●PSP 2.0 rolled out – October 2012  Provides carriers and background screening companies (ISPs) with DOT crash and inspection information on potential new hires  Voluntary for employers, industry service providers, and drivers  Driver must provide written authorization 2

PSP Why  Required by SAFETEA-LU  Increase safety  Assist companies in making better informed decisions on new hires  Improves data quality ●Can request a review of the data through FMCSA’s DataQs System 3

PSP Data  Motor Carrier Management Information System (MCMIS) ●5 years of crash data ●3 years of inspection data  Data transferred monthly 4

PSP Cost 5  $10 per driver record request (includes multiple licenses per driver)  $25 or $100 annual subscription fee, based on power units  Enrollment form for “Motor Carrier” on PSP website  PSP managed by NIC on behalf of FMCSA

PSP Audit Changes 6

Form Has Changed: ACTION REQUIRED!  Effective February 1, 2016 PSP account holders must use the new “Disclosure and Authorization” form when collecting driver authorization  Update your forms accordingly to ensure compliance 7

Current Form 8

What does the new form look like? 9 New forms contain two sections: ●DISCLOSURE ●AUTHORIZATION NEW DATE

Why the change? FCRA Section 604(b)(2): (2) Disclosure to Consumer. (A) In general. Except as provided in subparagraph (B), a person may not procure a consumer report, or cause a consumer report to be procured, for employment purposes with respect to any consumer, unless – (i) a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes; and (ii) the consumer has authorized in writing (which authorization may be made on the document referred to in clause (i)) the procurement of the report by that person. 10

How does this affect me? 1. You must use new PSP “Disclosure and Authorization” form beginning February 1, The Disclosure and Authorization form must stand alone—cannot be combined with other documents

May I add the new form to an existing document?  NO! The Disclosure and Authorization form must stand alone  Do NOT combine this form with other documents  Don’t forget to update online employment applications if applicable

PSP Audit

Audit Procedures  PSP account holders are selected  Account holders receive notification upon selection  Up to 3 specific PSP requests will be audited  Account holders must provide proof of drivers’authorization form (paper or electronic are acceptable)

Audit Requirements  All account holders MUST use the FMCSA- provided authorization language  Disclosure and authorization form CANNOT be combined with other language—must stand alone  Form must include driver name and signature (hand-written or electronic)  Form must include the date  Authorization date must be on or prior to the day the account holder requested the driver’s PSP record

Submitting Audit Information  Authorization forms may be uploaded into the PSP system or ed to  Account holders receive confirmation after the audit document(s) are received  The customer service team is glad to assist you with any questions during an audit

Audit Penalties  Account holders who do not comply with audits are subject to penalties  Penalty severities vary and include warnings, suspensions, and terminations  Penalty severity increases with multiple audit failures  Account holders return to “good standing” after 12 months of acceptable audit activity  Audit appeals

PSP Benefits

PSP Safety Impact Analysis  FMCSA evaluated the safety performance of carriers who use PSP at least monthly  Crash and driver OOS rates were compared for a 12 month period prior to after the start of using PSP  The data was then compared to a control group of motor carriers that did not use PSP

PSP Safety Study Results Driver Class Size Crash Reduction RateDriver OOS Reduction Rate %18.3% %12.0% %10.1% > %12.8% All Sizes8.0%17.2%  All driver class sizes experienced decreases in crash and OOS rates  On average, carriers who used PSP reduced crashes by 8% and driver OOS rates fell by 17.2%!

PSP Safety Impact Analysis Findings  Both the PSP and non-PSP carriers experienced declines in crashes and driver out- of-service rates during the study’s time period  Carriers using PSP experienced greater improvements in their crash and driver OOS rates Summary of findings is online: ● SP-Safety-Impact-Analysis-Brief.pdf

Estimated Prevention Driver Class Size Crashes PreventedDriver OOS Prevented * > *2,259 All Sizes8633,592  In the 12 months studied, 863 crashes and 3,592 driver OOS incidents were prevented by the carrier group that use PSP * Totals were left off due to their statistical non-significance

PSP Record Data Elements

Contact PSP FMCSA PSP Enrollment inquiries: PSP URL: 28

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