Employment Applications-The Regulated Paper Chase

The blond spent an hour filling out the application for the driving position. The last question was the hardest, but finally, beside “Sign Here,” the blond’s memory came through and with a flourish, she boldly penned in “Sagittarius.”

Employment applications are important components of the driver hiring process. For one thing, the Department of Transportation mandates minimum standards for the employment application. There has to be certain information asked of the applicant and the motor carrier must also inform the driver that the information will be used to investigate his background. The motor carrier must also advise the driver of his due process rights. (See side bar of complete FMCSA requirements.)

One of the requirements is that the application be signed (and the DOT is not talking about astrology). The problem is that the web is increasingly being used by drivers to find jobs and companies to find drivers. It’s hard to sign a computer screen. And while the paperwork loose ends aggravate drivers and cause recruiters to buy TUMS by the case, the authorizations and notifications are necessary.

I spoke recently with Craig Johnson, CEO of Loudfire, Inc. Loudfire has developed a software package that manages the application process for motor carriers—and allows applicants to use their mouse to sign the application. www.loudfire.com. Motor carriers can obtain just this “smart form” addition for their on-line application or use the whole software package that manages the recruitment process.

Whether filling out an application on-line or on paper, applicants can do several things to speed the process. Recruiters who have looked at thousands of applications suggest applicants do the following:

• Provide a response to all questions. If the application requests you list all criminal convictions and you have none, don’t leave the question blank. Answer “none.”
• Sign and date the application.
• If you change jobs every year or two, make a copy of the last employment application you completed and keep it on file. It’s much easier to copy than remember. Keep this “master application” in a safe place.

Sidebar: DOT Employment Application Requirements

(b) The application for employment shall be made on a form furnished by the motor carrier. Each application form must be completed by the applicant, must be signed by him/her, and must contain the following information:

(b)(1) The name and address of the employing motor carrier;

(b)(2) The applicant's name, address, date of birth, and social security number;

(b)(3) The addresses at which the applicant has resided during the 3 years preceding the date on which the application is submitted;

(b)(4) The date on which the application is submitted;

(b)(5) The issuing State, number, and expiration date of each unexpired commercial motor vehicle operator's license or permit that has been issued to the applicant;

(b)(6) The nature and extent of the applicant's experience in the operation of motor vehicles, including the type of equipment (such as buses, trucks, truck tractors, semitrailers, full trailers, and pole trailers) which he/she has operated;

(b)(7) A list of all motor vehicle accidents in which the applicant was involved during the 3 years preceding the date the application is submitted, specifying the date and nature of each accident and any fatalities or personal injuries it caused;

(b)(8) A list of all violations of motor vehicle laws or ordinances (other than violations involving only parking) of which the applicant was convicted or forfeited bond or collateral during the 3 years preceding the date the application is submitted;

(b)(9) A statement setting forth in detail the facts and circumstances of any denial, revocation, or suspension of any license, permit, or privilege to operate a motor vehicle that has been issued to the applicant, or a statement that no such denial, revocation, or suspension has occurred;

(b)(10)(i) A list of the names and addresses of the applicant's employers during the 3 years preceding the date the application is submitted,

(b)(10)(ii) The dates he or she was employed by that employer,

(b)(10)(iii) The reason for leaving the employ of that employer,

(b)(10)(iv) Whether the (A) Applicant was subject to the FMCSRs while employed by that previous employer,

(b)(10)(iv)(B) Job was designated as a safety sensitive function in any DOT regulated mode subject to alcohol and controlled substances testing requirements as required by 49 CFR part 40;

(b)(11) For those drivers applying to operate a commercial motor vehicle as defined by Part 383 of this subchapter, a list of the names and addresses of the applicant's employers during the 7 year period preceding the 3 years contained in paragraph (b)(10) of this section for which the applicant was an operator of a commercial motor vehicle, together with the dates of employment and the reasons for leaving such employment.

(b)(12) The following certification and signature line, which must appear at the end of the application form and be signed by the applicant:

This certifies that this application was completed by me, and that all entries on it and information in it are true and complete to the best of my knowledge.

___________________________________________________________

(Date) (Applicant’s signature)

(c) A motor carrier may require an applicant to provide information in addition to the information required by paragraph (b) of this section on the application form.

(d) Before an application is submitted, the motor carrier must inform the applicant that the information he/she provides in accordance with paragraph (b)(10) of this section may be used, and the applicant's previous employers will be contacted, for the purpose of investigating the applicant's safety performance history information as required by paragraphs (d) and (e) of §391.23. The prospective employer must also notify the driver in writing of his/her due process rights as specified in §391.23(i) regarding information received as a result of these investigations.

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