H.R. 7261: Motor Carrier Safety Screening Modernization Act

The Motor Carrier Safety Screening Modernization Act is a proposed law aimed at improving safety screening processes for employment in the motor carrier industry. The bill seeks to amend existing regulations under Title 49 of the United States Code, specifically focusing on how safety performance histories are reviewed and utilized in the hiring process for motor carrier operators.

Key Provisions of the Bill

• Expanding Screening Criteria: The bill expands the scope of safety performance history screening to include both preemployment and ongoing employment situations. This means that not only prospective employees will be screened, but current operators will also be evaluated based on updated safety information.
• Operator and Operator-Applicant Definitions: It clarifies that the terms 'operator' and 'operator-applicant' are to be included in reporting and consent requirements, ensuring that both categories are treated equally under the law.
• Data Usage Limitations: The law will restrict the ability of employers to take adverse actions against operators or operator-applicants based on certain safety report data unless specific notice and appeal processes are followed. This aims to protect individuals from unfair treatment based on potentially inaccurate or contested data.
• Contested Violations: The Act requires that when a safety violation is being contested, the relevant reports must be marked clearly to indicate that the violation is under review. This is intended to ensure that no adverse actions are taken while a violation is being challenged.
• DataQs Appeals Process: The Secretary of Transportation is tasked with developing a more structured appeals process for the DataQs program. This will allow individuals to contest findings, and ensure that their appeals are handled by impartial parties. The appeals need to be resolved within a reasonable timeframe.

Implementation Timeline

Once enacted, the bill mandates that the Secretary of Transportation must implement certain provisions, like the labeling of contested violations and the establishment of an appeals process, within one year. This is aimed at ensuring that the provisions take effect swiftly to improve safety screening for the motor carrier industry.

Safeguards for Operators

The Act introduces several safeguards for operators and applicants by ensuring that they are informed when adverse actions are being considered based on their safety data. It also emphasizes the right to appeal such actions, thereby enhancing transparency and accountability in the hiring practices of motor carriers.

Considerations for States

States that receive federal funds under the motor carrier safety assistance program will be required to comply with the new guidelines and implement the appeals processes as outlined in the bill.

Relevant Companies

• UL (Underwriters Laboratories) - May be affected due to its involvement in safety testing and compliance for motor carriers.
• CSX (CSX Corporation) - As a major freight transportation company, changes in employee screening could impact their operations and liability management.
• ODFL (Old Dominion Freight Line) - A significant player in the freight industry that could see changes in operator hiring practices affecting their workforce and safety protocols.