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    49 CFR § 391.23

    Safety Performance History

    Investigation requirements for DOT-regulated employers per 49 CFR §391.23.

    The Investigation Process

    Part 1

    Prospective Employee

    Release & Authorization — the driver authorizes previous DOT-regulated employers to release safety performance information.

    Parts 2 & 3

    Previous Employer

    Employment Verification and Safety / Drug & Alcohol History — completed and returned by each former DOT-regulated employer from the past 3 years.

    Key Requirements

    Employment Verification

    General identification and exact dates of employment.

    Accident History

    Any 'recordable' accidents (§390.5) including dates, locations, and details on injuries or fatalities.

    Drug & Alcohol History

    Violations under 49 CFR Part 382 or Part 40. The Clearinghouse is primary, but manual inquiries are still required for certain positions.

    Documentation & Retention

    Maintain a complete paper trail to demonstrate compliance during an audit.

    • Good Faith Efforts

      Document every contact attempt (fax, call logs, certified mail) if an employer fails to respond.

    • Retention

      Keep records in the Driver Investigation History (DIH) file for the duration of employment plus 3 years.

    Driver Rights

    Drivers retain the right to review and respond to information shared about them.

    • Right to Review: Drivers may submit a written request to review information provided by previous employers.
    • Correction / Rebuttal: Drivers may request corrections or submit a written rebuttal to the record.