Recruiting is one of the most important, and often-times most stressful, facets of the trucking industry. Finding the perfect driver among thousands is a meticulous process that is different for every company. However, every trucking company faces a similar hurdle: government regulations that affect recruiting. These regulations consider everything from the age of the driver to the trucks they’re driving. One of the most important regulations involved in the recruiting process takes place during a crucial part of the process: the background check.
Many trucking companies vary on when they complete background checks. Some begin the process after speaking with the driver, while others wait until the driver is on-site to perform the background check. This is due to the necessary consent that the driver must provide the recruiter before they can complete the check. For some companies, this means that the driver must sign a document releasing their information. However, there is more than one way to receive consent from the driver.
According to 15 US Code Subsection 1681B line 2B(i), the recruiter speaking with the driver who received the “report on the consumer for employment purposes shall provide the consumer, by oral, written or electronic means, notice that a consumer report may be obtained,…, and a summary of the consumer’s rights under section 1681m(a)(3) 1”
This line refers to the many recruiters who receive an app online or while on the phone with a prospective driver. If that truck driver meets the company’s requirements, the background check can take place. Some recruiters believe that this only means sending a written consent form, which can add an extra step to the process. This is especially true for phone calls, where the perfect driver could be lost due to an additional step that may take longer than anticipated. However, there are options other than written consent.
Section 2B(ii) of the same code says that the driver “shall have consented orally, in writing, or electronically to the procurement of the report by that person.”
This is a huge advantage for recruiters speaking with drivers on the phone. Instead of waiting for a written consent, they can orally confirm that the driver is okay with the background check. Confirming this consent orally is a great way to decrease the wait time in the process, and a possible loss of a driver lead. However, consent cannot be given over the phone unless the recruiter reads the driver their rights. As previously stated in line 2B(i), the driver’s rights are found under section 1681m(a)(3) 1, which can be easily accessed here:https://www.law.cornell.edu/uscode/text/15/1681m