What are the Legal Protections with regard to Safety Performance History?
Recognizing that employers often face costly litigation as a result of providing driver information to other employers, the FMCSA built some legal protections into the new rules. No longer can cries of “I’ll be sued!” be used to justify not providing driver safety histories to other employers. The rules state that “no action or proceeding for defamation, invasion of privacy, or interference with a contract” that results from providing or using a driver’s safety performance history information may be brought against:
- A prospective motor carrier employer,
- Anyone who has provided the information to the prospective employer, or
- Any of their agents or insurers.
The rules do not, however, protect those who provide false information.