A few years ago when I worked for a commercial carrier, I was about to hire a long-haul owner-operator when the time came to check his references. I had a list of two former employers.

The first gave a positive reference and said the O/O quit because he wasn’t making enough money. He also stated that the guy “did not want to” operate in the United States. Seemed reasonable enough. The second former employer also gave me good references but said the O/O struggled financially. He told me his monthly trip mileage and revenue were limited because he “could not” enter the United States.

That set off the alarm bell. Turns out the owner-operator had “incorrectly” completed the part of our application form where he was asked if he had a criminal record. He said “no”; the truth probably was otherwise. My next move was to advise him that our screening process included a road test and a complete criminal records check. My prospective owner-operator informed me that he decided he wasn’t interested in pursuing a contract with us and he walked away.

I always tell potential employers to trust the people applying for jobs but then verify the information they receive. Imagine your customer’s reaction if his load were delayed or impounded at the border because your driver was denied entry into the United States. Think what it’d be like to get a call from that customer informing you that not only did your truck not show up on time, but that you’re getting billed for his lost revenue.

These days, with security concerns so high, background referencing is critical, and it’s not only criminal records that you have to watch for. You have to make sure your drivers are in compliance with American regulations before they get to the border. And the rules are constantly changing.

Whether you’re beginning U.S. operations or building them up, here’s a short list of compliance issues related to hiring cross-border drivers:
DRUG TESTING Any driver operating in the United States must comply with drug and alcohol testing standards enforced by the U.S. Federal Highway Administration, part of the Dept. of Transportation. You can find the regulations in Part 382 of Title 49, Code of Federal Regulations (online at www.access.gpo.

gov). There are specific requirements for pre-employment, reasonable suspicion, random, post-accident, return-to-duty, and follow-up testing. As the employer, you must ensure that those test results are on file prior to the driver crossing the border.

w BACKGROUND CHECKS Current rules require new and prospective employers to investigate a driver’s employment history going back three years. The investigation must be completed within 30 days of hiring.

Last year, FHWA proposed rules that would require past and current employers to provide even more information within the mandated 30 days, including verification that the driver worked for that employer and the dates of employment; the driver’s three-year drug and alcohol history; and information indicating whether the driver was involved in any accidents as defined by federal regulations.

w DRIVER FILES U.S. driver files contain a number of items not required under Canadian law. If the DOT conducts a facility audit and discovers that you haven’t complied completely, ignorance is no excuse and the exercise could end up being very costly for you.
Also carefully consider what your position is going to be on the subject of driver road testing. Done and documented properly, road testing can clearly demonstrate a carrier’s “due diligence.” The same applies to any safety training you put your drivers through. Document it all.

Finally, I’ll remind you to trust what your employees and potential employees tell you. And then verify.Conditions that could deep-six a U.S.-bound
driver’s travel plans:
1. The driver is under 21 years of age
2. Lacks a recognized driver licence and/or endorsement
3. Medical disqualification (including failure to have the prescribed eyeglasses or hearing aid as noted on the driver’s licence)
4. Declared unfit due to illness or fatigue
5. Possesses or is under the influence of a
controlled substance or alcohol
6. Is in violation of hours-of-service requirements1