Heavy Duty Trucking Logo
MenuMENU
SearchSEARCH

Not Using PSP Could Be 'Huge Mistake'

At a time when we're dealing with more acronyms than ever from the U.S. Department of Transportation - CSA 2010, HOS, EOBRs - there's one that may be getting overlooked: PSP, or pre-employment screening program

Deborah Lockridge
Deborah LockridgeEditor and Associate Publisher
Read Deborah's Posts
November 3, 2010
Not Using PSP Could Be 'Huge Mistake'

 

4 min to read


At a time when we're dealing with more acronyms than ever from the U.S. Department of Transportation - CSA 2010, HOS, EOBRs - there's one that may be getting overlooked: PSP, or pre-employment screening program.

Ad Loading...



The trucking industry lobbied for eight years to get the DOT to open its databases and let trucking companies take a peek at the roadside inspection histories of prospective drivers. But now that it's here, you'd better figure out the best way to make use of that data. Otherwise, a clever plaintiff's attorney could make a case that you should have been.

That was the message Sunday of Rob Moseley, a partner specializing in trucking with Smith Moore Leatherwood LLP, during an educational session at the American Trucking Associations' annual management conference in Phoenix.

"If you choose not to use the PSP, you're making a huge mistake," Moseley said. "Because the PSP is available to you, and everything that's available to you today will eventually be available to the lawyer who sues you."

Under the PSP, carriers can get a report on a prospective driver much like a motor vehicle report. Only instead of telling you how many speeding tickets and other moving violations the driver has had, it will tell you about roadside inspection data, such as hours of service violations, overweight violations, equipment violations.

DIGGING INTO THE DATA

One challenge with the data, however, is you can't look at the report and tell whether a violation is the driver's fault or whether it's his prior employer's fault. "Is the overweight ticket because the company gave him a load that was too heavy, or because the driver was too lazy to move the axle," Moseley asks. "Is the equipment violation because the company didn't maintain its equipment, or did the driver not tell the company he's been driving for six weeks with a light out?"

Another challenge is that your company must come up with new standards for hiring that take into account this data -- just like you might have a standard that you won't hire a driver who has more than X tickets in X years on his MVR.

"You're going to have the wrestle with the PSP and figure out what it means to your company," Moseley said. In fact, it's likely that access to the PSP will mean more work, not less, as you order more reports to try to uncover the truth behind the violations.

FAIR CREDIT REPORTING

Another PSP issue is that it is covered by the Fair Credit Reporting Act. Not only do you have to get consent on the front end from the potential employee to check their PSP (must as you do now for MVRs), but you also are required to take another step on the back end if your use of that data causes you to not hire the driver, or to hire him on some sort of provisional basis, require him to have remedial training, that kind of thing.

It's called an adverse determination notice, and it needs to tell the applicant about the adverse action, give him information about the PSP and how he can get that information and if he desires contest the data. Carriers already are supposed to be doing this for MVRs, Moseley said, but it's often overlooked. He believes with PSPs it could be more of a land mine.

"This could be a cottage industry for suing trucking companies for not complying with the Fair Credit Reporting Act."

THE BAD APPLES

Moseley believes the PSP will do even more to weed out the "bad apple" drivers in the industry than CSA 2010, the Federal Motor Carrier Safety Administration's new enforcement regime.

There also will be implications for a carrier's insurance policies, although not immediately. "Underwriters are not looking at PSP right now," he said. "They will, but underwriters are generally slow to pick up on what's happening in the current market. They're just now starting to understand SafeStat," the analysis system being replaced under the CSA 2010 initiative.


For more on the PSP, see "FMCSA Opens Pre-Employment Screening Program," 5/12/2010, or go to the FMCSA's PSP page at www.psp.fmcsa.dot.gov.



Subscribe to Our Newsletter

More Safety & Compliance

Photo illustration combining laboratory sample tubes, marijuana, pills, white powder, and a syringe above a highway with tractor-trailers.
Safety & Compliance•by Deborah Lockridge•November 2, 2026

FDA Eases Path for Oral-Fluid Testing

Federal actions could advance oral-fluid drug testing for truck drivers, but lab certification delays and marijuana rescheduling questions remain.

Read More →
Red Kodiak-branded autonomous tractor with Charger-branded trailer backed up to warehouse
Fleet Management•October 30, 2026

Kodiak Lines Up Fleets for Driverless Trucking

An agreement for 75 trucks, a new Texas freight lane, and progress on safety validation move Kodiak closer to its planned driverless highway launch.

Read More →
YouTube thumbnail showing man being interviewed and backup camera and in-cab screen showing backup video
Safety & Compliance•by Deborah Lockridge•October 23, 2026

More Trailer Data Through the Same Seven-Way [Video]

Can trucking’s standard seven-way connector handle more cameras and trailer data? Grote’s Adam Slade shows HDT how the company is using new technology with its 4See trailer system, not only to add a new backup camera but also to expand other capabilities — without adding another connection.

Read More →
Ad Loading...
Screen capture showing PrePass Intelligence data on tolls
Fleet Management•by News/Media Release•October 21, 2026

PrePass Intelligence Mines Fleet Bypass, Toll and Safety Data

PrePass Intelligence helps fleets measure bypass savings, flag potential toll overcharges, and spot suspicious transactions by combining data from separate systems.

Read More →
View of the crash scene with the crash location, high- and low-speed lanes, direction of travel, gore area, and concrete barrier annotated
Safety & Compliance•by Staff•October 16, 2026

Fatal Crash Exposes Toll Plaza Risks

An NTSB investigation found that last-minute lane changes and large speed differences at an Ohio toll plaza created a hazard the truck driver couldn't avoid in time.

Read More →
Man with police badge on his arm by an open commercial truck door examining paperwork
Safety & Compliance•October 15, 2026

When Language Stops the Truck: The Return of ELP Out-of-Service Orders

English language proficiency rules for commercial drivers aren’t new, but renewed out-of-service enforcement has raised the stakes. Here’s what carriers need to know before a driver reaches a roadside inspection.

Read More →
Ad Loading...
A man standing at the driver entrance of a blue work truck.
Sponsored•October 6, 2026

A Camera Isn't a Safety Program. Here's What Brokers Are Screening for Now

Footage alone may not be enough to pass broker vetting processes. Here's what counts as a defensible safety program now.

Read More →
Cover Feature graphic showing various forms of cannabis/marijuana products
Safety & Compliance•by Deborah Lockridge•October 5, 2026

Marijuana and Trucking’s Drug-Testing Dilemma

Marijuana is getting stronger, laws are changing, and drug tests still can’t reliably establish impairment. What does that mean for truck drivers and the fleets that employ them?

Read More →
Kodiak tractor-trailer on highway with insets of a weigh station sign and inside of a weigh station control room
Safety & Compliance•by News/Media Release•September 21, 2026

PrePass, Kodiak Connect Driverless Trucks to Roadside Enforcement

The system will allow enforcement agencies to verify Enhanced Inspection information and decide whether Kodiak’s autonomous trucks can bypass roadside screening sites.

Read More →
Ad Loading...
Photo of smiling truck driver Harold Perry with arms crossed in front of Southeastern Freight Lines truck
Drivers•September 17, 2026

From One Generation to the Next: How Mentorship Builds Safer Truck Drivers

After three decades in trucking, Harold Perry shares what he's learned about driver safety, mentorship, and helping the next generation build confidence behind the wheel.

Read More →