The federal Fair Credit Reporting Act (FCRA) promotes the accuracy, fairness, and privacy of information in the files of consumer reporting agencies. There are many types of consumer reporting agencies, including credit bureaus and specialty agencies (such as agencies that sell information about check writing histories, medical records, and rental history records). Here is a summary of your major rights under the FCRA.
Under the terms of the fair credit reporting act as amended by the consumer credit reporting act of 1996 job applicants must be notified that a consumer report may be obtained and considered as part of the employment or qualification decision this law amends the definition of consumer reporting agencies which could cause motor vehicle records to be considered as consumer credit reports under certain circumstances.
IMPORTANT DISCLOSURE REGARDING BACKGROUND REPORTS FROM THE PSP Online Service
In connection with your application for employment with Infinity Transportation ("Prospective Employer"), Prospective Employer, its employees, agents or contractors may obtain one or more reports regarding your driving, and safety inspection history from the Federal Motor Carrier Safety Administration (FMCSA).
When the application for employment is submitted in person, if the Prospective Employer uses any information it obtains from FMCSA in a decision to not hire you or to make any other adverse employment decision regarding you, the Prospective Employer will provide you with a copy of the report upon which its decision was based and a written summary of your rights under the Fair Credit Reporting Act before taking any final adverse action. If any final adverse action is taken against you based upon your driving history or safety report, the Prospective Employer will notify you that the action has been taken and that the action was based in part or in whole on this report.
When the application for employment is submitted by mail, telephone, computer, or other similar means, if the Prospective Employer uses any information it obtains from FMCSA in a decision to not hire you or to make any other adverse employment decision regarding you, the Prospective Employer must provide you within three business days of taking adverse action oral, written or electronic notification: that adverse action has been taken based in whole or in part on information obtained from FMCSA; the name, address, and the toll free telephone number of FMCSA; that the FMCSA did not make the decision to take the adverse action and is unable to provide you the specific reasons why the adverse action was taken; and that you may, upon providing proper identification, request a free copy of the report and may dispute with the FMCSA the accuracy or completeness of any information or report. If you request a copy of a driver record from the Prospective Employer who procured the report, then, within 3 business days of receiving your request, together with proper identification, the Prospective Employer must send or provide to you a copy of your report and a summary of your rights under the Fair Credit Reporting Act.
Neither the Prospective Employer nor the FMCSA contractor supplying the crash and safety information has the capability to correct any safety data that appears to be incorrect. You may challenge the accuracy of the data by submitting a request to https://dataqs.fmcsa.dot.gov. If you challenge crash or inspection information reported by a State, FMCSA cannot change or correct this data. Your request will be forwarded by the DataQs system to the appropriate State for adjudication.
Any crash or inspection in which you were involved will display on your PSP report. Since the PSP report does not report, or assign, or imply fault, it will include all Commercial Motor Vehicle (CMV) crashes where you were a driver or co-driver and where those crashes were reported to FMCSA, regardless of fault. Similarly, all inspections, with or without violations, appear on the PSP report. State citations associated with Federal Motor Carrier Safety Regulations (FMCSR) violations that have been adjudicated by a court of law will also appear, and remain, on a PSP report.
The Prospective Employer cannot obtain background reports from FMCSA without your authorization.
AUTHORIZATION
If you agree that the Prospective Employer may obtain such background reports, please read the following and sign below:
I authorize Infinity Transportation ("Prospective Employer") to access the FMCSA Pre-Employment Screening Program (PSP) system to seek information regarding my commercial driving safety record and information regarding my safety inspection history. I understand that I am authorizing the release of safety performance information including crash data from the previous five (5) years and inspection history from the previous three (3) years. I understand and acknowledge that this release of information may assist the Prospective Employer to make a determination regarding my suitability as an employee.
I further understand that neither the Prospective Employer nor the FMCSA contractor supplying the crash and safety information has the capability to correct any safety data that appears to be incorrect. I understand I may challenge the accuracy of the data by submitting a request to https://dataqs.fmcsa.dot.gov. If I challenge crash or inspection information reported by a State, FMCSA cannot change or correct this data. I understand my request will be forwarded by the DataQs system to the appropriate State for adjudication.
I understand that any crash or inspection in which I was involved will display on my PSP report. Since the PSP report does not report, or assign, or imply fault, I acknowledge it will include all CMV crashes where I was a driver or co-driver and where those crashes were reported to FMCSA, regardless of fault. Similarly, I understand all inspections, with or without violations, will appear on my PSP report, and State citations associated with FMCSR violations that have been adjudicated by a court of law will also appear, and remain, on my PSP report. I have read the above Disclosure
Regarding Background Reports provided to me by Prospective Employer and I understand that if I sign this Disclosure and Authorization, Prospective Employer may obtain a report of my crash and inspection history. I hereby authorize Prospective Employer and its employees, authorized agents, and/or affiliates to obtain the information authorized above.
CELL PHONE POLICY FOR CDL OPERATORS
(Policy sample allows for hands free use of phone)
Recommended Usage: You can expand the policy language to include additional scenarios relevant to your organization’s needs. Although you may choose to edit the enforcement and disciplinary terms, the inclusion of specific terms strengthens compliance with a policy. It’s also recommended that your legal advisor review your final policy language.
The DOT issued a rule effective January 3, 2012 regarding cell phone usage by CDL operators. The rule prohibits the use of handheld cell phones and imposes significant penalties on drivers and employers. A summary is below:
- • Drivers who violate the restriction will face federal civil penalties of up to $2,750 (Ins.) ________ for each offense and disqualification from operating a commercial motor vehicle for multiple offenses.
- • Commercial truck and bus companies that allow their drivers to use hand-held cell phones while driving will face a maximum penalty of $11,000. (Ins.) _________________
- • Additionally, states will suspend a driver's commercial driver’s license (CDL) after two or more serious traffic violations.
Therefore, (Company) is instituting a new policy.
- • Employees are not permitted to use a handheld cell phone while operating a motor vehicle on company business and/or on company time unless the device can be used hands-free.
- • Employees are not permitted to read or respond to e-mails or text messages while operating a motor vehicle on company business and/or on company time.
- • This policy also applies to use of PDAs.
- • While driving, calls cannot be answered and must be directed to voice mail if your handheld device isn’t enabled for hands free use.
- • If an employee must make an emergency call (911), the vehicle should first be parked in a safe location.
- • I _(in signing you agree to your name here)__ Hereby to pays all cell phone violation that is cover driver and company fine
Employees are responsible for payment of civil penalties in the event a citation is issued. If an employee is cited by any enforcement agency for cell phone use violations or if an employee is observed using a handheld device and the use is confirmed by one or more supervisory or management employees of (Company), the employee will be subject to discipline up to and including termination. Correspondingly, any supervisor or management personnel found to allow, encourage, pressure, or threaten adverse action against an employee for complying with this policy shall be subject to discipline up to and including termination.
This communication is for informational purposes only and is not legal advice. You are not insured against issues arising out of the use of our consulting, content, or tools and we suggest contacting your attorney for legal guidance. Acceptance 18 of the terms of this policy is a portion of the consideration required for your right to use our information. If you do not accept these terms, please contact us.
Your signature below certifies your agreement to comply with this policy.
General Motors Guidelines
Attention: Carrier deliveries to General Motors have clear requirements which must be followed without fail please review, sign below, and return facts so that we may complete your dispatch return
- Trailers must be less than 10 years old
- No lift gate or fiberglass reinforced panel FRP trailers will be permitted!
- All trucks must be properly logoed and logos must be displayed!
- All trucks trailers must have ICC safety bumpers and will be locked to dock!
- No pets or weapons are allowed on GM property!
- All shipments must be properly sealed and have the shipper seal number on the BOL!
- International shipments require CTPAT seals with the seal number listed on the shippers BOL!
- Please observe the GM facility 15 mph speed limit, seat belts must be worn while on GM property!
- Some GM facilities have railroad stops and tracks, stop and look before crossing railroad tracks!
- Immediately bring bills to the dock receiving office
- Do not back into an empty doc, wait for assignment. Must set all breaks and chock wheels.
- If your trailer has a damaged ICC bar so the doc lock will not engage the trailer, you will be asked to move the trailer to a doc that has a truck lever/auto Chock feature.
- A key surrender policy is in effect for "live loads" whereby the Over the Road Driver will surrender their keys to the tractor by giving the key to the dock clerk, who will then hang the keys on the Orange key surrender sign. The keys will be hung on the sign until cleared by GM doc personnel. Keys will be returned to the dock clerk by GM Dock personnel. The dock clerk will them returned the keys to the Over the Road Driver.
- Note: for A/B/C docs, the Over the Road Driver will hang the keys on the Orange key surrender sign. GM dock personnel will return keys to the Over the Road Driver once the dock is cleared.
- Drivers are NOT permitted to stay in the cab of the tractor while hooked to a trailer at the dock.
- Standing in the truck well except while chocking the trailer is prohibited, no driver shall leave their vehicle to assist another driver.
- If you must open doors, stand clear of the door opening while swinging the door to its full position.
- Obtain prior permission from the dock supervisor if you intend to drop your trailer at the dock.
- Tandems must be slid fully to the rear of all dropped trailers.
- Upon leaving the plant property, all trailers will be inspected by the security officer at the truck gate. Therefore on leaving the dock, door should remain open and secured.
- Report all spills or other environmental concerns to the plant security department it 7234
- Please ensure driver operates in a professional manner to best service our mutual customer GM.
Additionally - driver is to deliver to our dispatched location only . Shipper paperwork often has the incorrect doc number and delivery locations for General Motors. Please do not allow the driver to deviate from our dispatch delivery location under any circumstances.
I understand these requirements and will ensure they have been completely communicated to the drivers .
GENERAL MOTORS (GM) RULES
- •Do not use your phones at any GM Plant.
- •No Bluetooth headphones are allowed while backing up or leaving the dock area.
- •No driving or moving between docks without a notice from dispatchers
- •Follow security guard or shipping and receiving office instruction.
- •Always take the dock number from the dispatch
- •Always call your dispatcher for an update.
- •Always ask for names when you are talking to GM employees.
- •If you were asked to move or to do something, please call dispatchers and update them with the information including the name of the person.
MAKE SURE YOU HAVE YOUR:
Carrier Policy
Paychecks
- Company pays from zip code to zip code only
- Company holds ESCROW $1000 for company drivers and $2000 for owner operator
- Driver must hand in all paper works (original bill of ladings, toll and invoice expanses, logbook papers, scale tickets and fuel receipts)
- Settlement paid for first trip after second trip finish
- Carrier is not responsible to pay contractor’s driver
Termination
- If driver decide to quit, he must give the company 15 days notice
- ESCROW pays back after 30 to 60 days
- If the driver quits without 15 days notice, he will lose his ESCROW
- Final settlement will be closed after 30 to 60 days
Safety/ Hours of Service
- Any kind of road violation caused by a driver; he must pay carrier fine $250.00
- $25.00 fee for any Logbook or E Log mistake it must be fixed before they start new trip
- $50 fee for drivers who fail to provide the carrier with a scale ticket for over 28,000 IB Gross Wt or having scale ticket with over axle without re-weigh.
- NO PASSENGER ALLOWED TO RIDE OR TO BE TRAINED WHILE OPERATING UNDER INFINITY TRANSPORTATION INC.
Trailer Seal Policy
- When driver get loaded, he needs to make sure that load has a seal. If the load comes with a seal, make sure the seal number on and match all the paper works. When you receive a load without a seal, use the seal that Infinity Transportation provides and make sure you write the seal number on all load papers. In addition, make sure to call one of the dispatchers and let them know you used our seal mentioning the number.
Accounting and Billing
To All Infinity Transportation Contractors
Contractor responsibility after each load is completed
1. Contractor must put Pro/PU number on BOL documents.
2. You must provide all copies of the Gas Receipts & Auto Expensive with the driver name
3. Each BOL if it has more than one documents make sure you keep them all together and you must staple them. If you do not have staplers or/and staples, please come to the office and get one.
4. Each drive must upload a Clear picture of BOL after delivery to Sylectus Mobile App, if do not know how to upload, please come to the office and we will show you.
5. In order to receive your check on time, you must provide all the documents mentioned above. if you fail to provide them you will not receive your check, or your check will be on hold till we have all the documents require from you.
DISCLOSURE AND AUTHORIZATION REGARDING BACKGROUND INVESTIGATION FOR EMPLOYMENT PURPOSES
Disclosure
In accordance with sections 391.23(a) (i). 391.23 (b) and 391.25 of the federal motor carrier safety regulations, Infinity Transportation Inc. are required to make an inquiry into the driving record of the driver listed above during the preceding three years therefore driver must furnish the above referenced driver’s driving record for the past three-year period. Infinity must give authorization to release this information as well as a statement of compliance to the applicable provisions of the FAIR CREDIT REPORTING ACT.
Authorization
I hereby authorize Company to obtain the consumer reports described above about me.
Acknowledgments & Authorization
I acknowledge that I have received and carefully read and understand the separate "Disclosure and Authorization Regarding Background Investigation for Employment Purposes"; and the separate "Summary of Rights under the Fair Credit Reporting Act" that have been provided to me by the Company.
By my signature below, I authorize the preparation of background reports about me, including background reports that are "investigative consumer reports" by HireRight, and to the furnishing of such background reports to the Company and its designated representatives and agents, for the purpose of assisting the Company in making a determination as to my eligibility for employment (including independent contractor or volunteer assignments, as applicable), promotion, retention or for other lawful employment purposes. I understand that if the Company hires me or contracts for my services, my consent will apply, and the Company may, as allowed by law, obtain from HireRight (or from a consumer reporting agency other than HireRight) additional background reports pertaining to me, without asking for my authorization again, throughout my employment or contract period.
I understand that if the Company obtains a credit report about me, then it will only do so where such information is substantially related to the duties and responsibilities of the position in which I am engaged or for which I am being evaluated.
I understand that information contained in my employment (or contractor or volunteer) application, or otherwise disclosed by me before or during my employment (or contract or volunteer assignment), if any, may be used for the purpose of obtaining and evaluating background reports on me. I also understand that nothing herein shall be construed as an offer of employment or contract for services.
I understand that the information included in the background reports may be obtained from private and public record sources, including without limitation and as appropriate: government agencies and courthouses; educational institutions; and employers. Accordingly, I hereby authorize all of the following, to disclose information about me to the consumer reporting agency and its agents: law enforcement and all other federal, state and local government agencies and courts; educational institutions (public or private); testing agencies; information service bureaus; credit bureaus and other consumer reporting agencies; other public and private record/data repositories; motor vehicle records agencies; my employers; the military; and all other individuals and sources with any information about or concerning me. The information that can be disclosed to the consumer reporting agency and its agents includes, but is not limited to, information concerning my: employment and earnings history; education, credit, motor vehicle and accident history; drug/alcohol testing results and history; criminal history; litigation history; military service; professional licenses, credentials and certifications; social security number verification; address and alias history; and other information.
By my signature below, I also promise that the personal information I provide with this form or otherwise in connection with my background investigation is true, accurate and complete, and I understand that dishonesty or material omission may disqualify me from consideration for employment. I agree that a copy of this document in faxed, photocopied or electronic (including electronically signed) form will be valid like the signed original. I further acknowledge that I have received additional state law notices that I have reviewed and read.
DISCLOSURE AND RELEASE
In accordance with DOT Regulation 49 CFR Part 391.23, I authorize the release of information from my DOT regulated drug and alcohol testing records by the carriers (company/school) listed above to Infinity Transportation. I authorize release of the following information concerning DOT drug and alcohol testing violations including pre-employment tests during the past three years: (i) alcohol tests with a result of 0.04 or higher; (ii) verified positive drug tests; (iii) refusals to be tested (including verified adulterated or substituted results); (iv) other violations of DOT drug and alcohol testing regulations; (v) information obtained from previous employers/contractors of a drug and alcohol rule violation(s); and (vi) documents, if any, of completion of a return-to-duty process following a rule violation. I also authorize the carriers (company/school) listed above to release information about names and dates of previous employers/contractors, reasons for termination of employment/contract, work experience, accidents, academic history, professional credentials and other information.
The information that I have authorized Infinity Transportation to review involves tests required by DOT. If any carrier (company/school) listed above furnishes Infinity Transportation with information concerning items (i) through (vi) above, I also authorize that carrier (company/school) to release and furnish the dates of my negative drug and/or alcohol tests and/or tests with results below 0.04 during the three-year period and the name and phone number of any substance abuse professional who evaluated me during the past three years.
Request/Consent for Information from Previous Employer(s)/Carrier(s) For Alcohol and Controlled Substances Testing Records And changes in Parts 390 and 391 of the FMCSA
