We’ve spoken to several business owners about checking their
employee’s backgrounds and driving records. What is most troubling is that many
employers want to keep on their blinders. They don’t want to know about their
employee’s past. Which might be OK for social issues or even criminal issues. Because
the employee’s past does not directly affect their job performance or skills. Many
employers hire those who have been released from prison. Which is a good thing.
Most State correctional facilities have step down programs and teach vocations,
employable skills, and most inmates finish or further their educations.
What is troubling is the failure of employers who employ
drivers as their primary workforce to check driving records. Most drivers are
entrusted with large capacity passenger or heavy cargo vehicles. The employer
is more concerned with the skill the employee possesses than the performance of
that skill. Many say that if they
checked into their drivers past they would not have any drivers. Another one is,
“We only hire people we know”. Well, how well do you know someone? If your
“friend” is forty and you’ve known them for five, or even ten years, that seems
like an eternity. However, they’ve had twenty-two years of adulthood before you
ever met them.
So maybe the reasoning is the liability the employer would
assume if they hired a driver with a questionable record. Would that liability be
lessened if the driver was employed without a check and was at fault while
driving the company vehicle?
Liability may
exist in either scenario and would depend on the industry standard. Some
businesses regularly check their employees for certain positions while others
do not. Does a business have benchmarks for what is considered dangerous? Just
because the employee has driving infractions this does not open the business to
liability. Non-moving traffic
violations can be far less of an issue than moving violations. Even moving
violations have degrees of severity, such as “failure to reduce speed to avoid
an accident” as opposed to “ negligent driving”.
For those who
occupation is ”driver”, isn’t their record a performance review of their
skills? If you hired a carpenter and were able to access a database that listed
carpentry infractions wouldn’t you like to have this information? Record checks
can verify resumes or skill levels. This was a simplistic comparison, but if
you were concerned only with your employee’s skills, wouldn’t you want to know
everything? Why is driving any different?
Here are a few instances of drivers involved in accidents
in which it was later discovered that they had previous traffic violations.
- July 2013-Dayton, OH-Ice Cream truck driver possesses a suspended license and has 27 arrests for a variety of offenses
- February 2012-Chesterfiled, NJ-Driver of school bus involved in fatal accident had undisclosed medical condition that prohibited from driving a bus
- March 2011, New York-Driver of bus in accident that killed fifteen had previous driving violations.
We have discussed this topic with attorneys who have said that
they have had different experiences. Most of their clients and companies they
know do check their driver’s records.
Regarding liability, it would be more prudent to check your drivers than
to not. Just because someone has infractions on their driving record, that
alone does not make them a poor candidate to hire. If one of your drivers has
an accident and you find yourself in court, it is easier to defend your policy
of hiring a driver with violations than not checking at all.
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