Under 49 CFR 391.23, motor carriers must investigate the safety performance history of each driver from all DOT-regulated employers who employed the driver as a driver during the 3 years preceding the application date. This is separate from the drug and alcohol testing history inquiry under 49 CFR Part 40 and 382.413. The driver must sign a release. Carriers must document inquiries made and responses received. Verify current requirements against 49 CFR 391.23 and FMCSA guidance.
This is where a lot of carriers get confused. They do the Clearinghouse query. They do the drug and alcohol pre-employment screen. They think they have covered the employer verification requirement. They have not. The safety performance history inquiry is a different thing, under a different section of the regulations, asking for different information.
- Motor carriers subject to 49 CFR Part 391 who are hiring drivers.
- Carriers building or auditing their pre-employment process for the first time.
- New authorities who have not gone through a driver hire cycle yet.
- Any carrier whose DQ files are missing documentation of the previous employer inquiry.
Two separate inquiries, both required
Before a driver goes to work, carriers must make two distinct employer-related inquiries. They look similar from the outside. They are not the same.
| Inquiry type | Regulatory basis | What it covers | Who receives the request |
|---|---|---|---|
| Safety performance history inquiry | 49 CFR 391.23 | General safety performance history during the 3 preceding years from DOT-regulated employers | Previous DOT-regulated employers who employed the driver as a driver |
| Drug and alcohol testing history inquiry | 49 CFR 382.413 / 49 CFR Part 40 | Drug and alcohol violations, refusals, and return-to-duty status from previous DOT-regulated testing employers | Previous DOT-regulated employers who conducted drug and alcohol testing |
| FMCSA Drug and Alcohol Clearinghouse query | 49 CFR 382.701 | Drug and alcohol violations in the FMCSA Clearinghouse database | FMCSA Clearinghouse (electronic query) |
All three may be required in a pre-employment process depending on the driver's situation. Verify current applicability against each regulatory citation and FMCSA guidance.
Clearinghouse and the 382.413 drug and alcohol inquiry: The FMCSA Clearinghouse launched January 6, 2020. Under rules effective January 6, 2023 (Phase 2), a pre-employment full Clearinghouse query may satisfy the prior employer drug and alcohol inquiry requirement under 49 CFR 382.413 for employment periods covered by the Clearinghouse. For employment history before January 2020, a direct employer-to-employer 382.413 inquiry may still be required. The 391.23 safety performance history inquiry is a separate requirement and is not satisfied by the Clearinghouse in any period. Verify current 382.413 and Clearinghouse requirements against FMCSA guidance before structuring your pre-employment process.
What the safety performance history inquiry covers
Under 49 CFR 391.23, the safety performance history inquiry is directed to each DOT-regulated employer who employed the driver as a driver during the 3 years preceding the date of the employment application. The carrier contacts those employers and requests information about the driver's safety performance.
The inquiry covers more than just accidents. The categories of information that 49 CFR 391.23 requires the previous employer to provide include:
- Dates of employment with that employer.
- Nature and type of work performed.
- Reason the driver left (if applicable).
- Accidents during the covered period, including the data required under the accident register provisions.
- Drug and alcohol violations documented by that employer.
Verify the current specific categories and scope against 49 CFR 391.23 and applicable FMCSA guidance before drafting your inquiry request. Asking only about accidents and calling it complete is not enough.
The driver's signed release
Under 49 CFR 391.23, the driver must provide a written release authorizing the previous employer to share safety performance history information. The release must authorize the previous employer to share the information and release both the previous employer and the prospective employer from liability related to the information shared.
The signed release:
- Should be specific to each inquiry made.
- Must be retained in the driver qualification file.
- Cannot be used as a blanket authorization for all future inquiries -- it applies to the specific pre-employment investigation.
Verify current release requirements against 49 CFR 391.23.
What to do when a previous employer does not respond
This is the part nobody explains clearly. Previous employers are not always cooperative. Some do not respond at all. Some say they have a policy against providing references. Neither situation disqualifies the driver or puts the carrier in violation -- but only if the carrier actually made the inquiry and documented the attempt.
A non-response that is documented shows the carrier did what was required. An inquiry that was never sent shows the carrier did not.
- Document the date the inquiry was sent and the method used (letter, email, fax, phone).
- Retain copies of any written inquiries sent.
- If sending by mail or fax, retain proof of transmission.
- If no response is received, note the non-response in writing with the date.
- If a previous employer declines to provide information, document the refusal.
- Keep all non-response documentation in the driver qualification file alongside the inquiry attempt.
When in the hiring process does this happen
Under 49 CFR 391.23, the inquiry must cover the 3 years preceding the date of the employment application. The regulation sets a 30-day deadline for completing the investigation from the time the driver begins employment. Verify current timing requirements and any provisional hire provisions against 49 CFR 391.23 and FMCSA guidance.
Some carriers initiate the inquiry at the application stage and aim to complete it before the driver's first dispatch. Others send the inquiry on the hire date and track the 30-day window. Either approach can work. What matters is that the inquiry gets sent, responses get retained, non-responses get documented, and all of it ends up in the DQ file within the investigation period.
Common DQ file problems with this requirement
- Confusing the Clearinghouse query with the 391.23 safety performance history inquiry. The Clearinghouse covers drug and alcohol violations. It does not satisfy the 391.23 safety performance history inquiry, regardless of Clearinghouse phase or date.
- Only contacting the most recent employer when the driver had multiple DOT-regulated employers during the 3-year period.
- Making the inquiry verbally with no documentation. A phone call with no record is the same as no inquiry during an audit.
- Sending the inquiry but not retaining the documentation. Sending without documenting leaves no evidence of compliance.
- Keeping no record of non-responses. Documenting that you tried and received no response is different from having nothing in the file.
- Not getting the driver's signed release before sending the inquiry.
- Using the same generic release form for both the drug/alcohol history inquiry and the safety performance history inquiry without verifying it covers both.
Where this fits in the full pre-employment process
The safety performance history inquiry is one part of the full driver qualification process. The DQ file also requires an employment application, MVR check, road test or documented equivalent, drug test, Clearinghouse full query, medical certificate or CDL record verification, and other documents depending on the driver type. Use the free Driver Qualification File Checklist to verify that the previous employer inquiry documentation is in the file along with the other required items.
The thing I see in DQ files all the time is drug and alcohol documentation that looks complete, with the Clearinghouse query and the pre-employment screen both there. But when I look for the safety performance history inquiry to previous employers, there is nothing. Not because the carrier skipped it on purpose. They just did not know it was separate. Now they have a gap in every driver file they have built over the past several years. That is a painful audit finding to explain.
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Under 49 CFR 391.23, motor carriers must investigate the safety performance history of each driver from all DOT-regulated employers who employed the driver as a driver during the 3 years preceding the application date. The carrier must request information from each of those employers and document the inquiry and any response. Verify current requirements against 49 CFR 391.23 and FMCSA guidance.
They are separate requirements under separate regulations. The safety performance history inquiry under 49 CFR 391.23 covers general safety information from previous DOT-regulated employers. The drug and alcohol history inquiry is governed by 49 CFR Part 40 and 49 CFR 382.413 and specifically asks about testing violations. Both are required. Doing one does not satisfy the other. Verify the current distinction against both regulatory citations.
Document the inquiry attempt, date, method, and the non-response. A non-response that is documented differs from never making the inquiry. Keep all documentation in the driver qualification file. The absence of an inquiry attempt is the citable gap, not the absence of a response. Verify documentation requirements against 49 CFR 391.23.
Yes. Under 49 CFR 391.23, the driver must sign a release authorizing previous employers to share safety performance history information and releasing both the previous employer and the prospective employer from liability. The signed release should be retained in the driver qualification file. Verify current requirements against 49 CFR 391.23.
The DQ file should contain the driver's signed release, documentation of inquiries made to each relevant previous employer (copies of letters or emails sent, dates, method), any responses received, and documentation of non-responses where the inquiry was made but went unanswered. Verify current documentation requirements against 49 CFR 391.23.