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J. J. Keller protects people and the businesses they run. You can trust our expertise across a wide range of subjects relating to labor, transportation, environmental, and worker safety. Our deep knowledge of federal and state agencies is built on a strong foundation of more than 100 editors and consultants and 70+ years of regulatory compliance experience.

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J. J. Keller protects people and the businesses they run. You can trust our expertise across a wide range of subjects relating to labor, transportation, environmental, and worker safety. Our deep knowledge of federal and state agencies is built on a strong foundation of more than 100 editors and consultants and 70+ years of regulatory compliance experience.

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Driver Qualification for Rehires and Temporary Drivers

Rehires

When a driver leaves a company and then returns, whether after one week or one year, there may be some items in his/her original Driver Qualification (DQ) or Driver Investigation History (DIH) file that can be reused, even though the DOT considers him/her to be a new hire.

The following items can be recycled from old files:

  1. Road test/certificate - if completed less than three years ago (see §391.33(a)(2))
  2. For non-CDL drivers:
    • Medical certificate (DOT Medical Card) - if still valid
    • A note that the Medical Examiner was on the National Registry of Certified Medical Examiner on the day of the exam.
  3. Information obtained from previous employers - if the information pertains to the three years that precede the rehire date and the inquiries sent to previous employers were in compliance with the current version of §391.23.

Items that need to be re-created:

  1. A new driver application needs to be completed using the rehire date as the point of reference.
  2. A motor vehicle report (MVR) needs to be requested to coincide with the rehire date. Applies to both CDL and non-CDL drivers. For CDL drivers, the new-hire MVR also serves as proof of current medical certification (even if the driver did not have a new exam during the absence). A note is also needed that the Medical Examiner was on the National Registry of Certified Medical Examiner on the day of the exam.
  3. Previous employer checks must be requested on any DOT-regulated employment during the absence.

Documents from the original files that are not reused must be retained in the same manner as if he/she never returned. Other items from first employment period are retained in the original file same as above, but can be purged three years from document execution dates.

Temporary Drivers

The occasional, seasonal or intermittent employee would be someone who is on your payroll to drive during those times when you need extra help.

Even though they are not permanent or full-time, they still need to be fully qualified in accordance to Part 391 before they can get behind the wheel of your CMV. If you are subject to Part 382, these employees need to be a part of your DOT random alcohol and drug testing program. This means the whole gamut: pre-employment drug screens, pre-employment query of the CDL Drug and Alcohol Clearinghouse, DOT drug and alcohol background requirements, issuance of educational materials and your company policy, and placement in your random testing pool.

Many carriers keep these employees "active" rather than consider it a termination of employments. They are considered to be on an extended leave of absence or layoff, and this avoids having to wait on a pre-employment drug screen or create new documents as a rehire in the file.