According to recent HireRight benchmarking reports, 50% of companies are running Motor Vehicle Record (MVR) background checks on their employees. Seems like a high number, right? On closer inspection, maybe it’s not high enough. As mentioned in this article by Business Matters, around 71.3% of companies use company cars. While industries that deal with trucking and other highly regulated vehicular needs are most assuredly performing DOT MVR searches, what about the executive assistant who uses the company car to make brief errands on behalf of the company? What about the employee who uses the company car to pick up a visiting CEO from the airport?
Especially in smaller businesses where employees may form a tighter bond, the compulsion to trust that someone would disclose their negative driving history is understandable. However, all it would take would be one accident in the company vehicle driven by an employee with a suspended license to create incredible hardships for their employer.
Courts have already decided that, in the case of a car crash where an employee was acting on the behalf of the company in a company-provided vehicle, if the employee did not have a valid license, the company can be held liable for the results of the crash. Worse, if the company did not even check if the person had a valid license, the company is also open to liability issues on the grounds of negligence.
Employers need to know that the employees they allow behind the wheel for company matters are trustworthy. If, for instance, an employee’s license is restricted to only daytime driving, the employer needs to know this. If they are even pulled over in a company vehicle for speeding during nighttime hours, the company could be held responsible.
The consequences for not performing MVR searches on ALL employees who will have access to company vehicles or drive on the companies behalf are steep. When the safety of the public could potentially be YOUR responsibility, it’s important that your company falls in the 50% that DOES perform MVR searches on their employees.
*GIS’ Blog is provided for informational purposes only and should not be construed as legal advice. Any statutes or laws cited in this article should be read in their entirety. If you or your customers have questions concerning compliance and obligations under United States or International laws or regulations, we suggest that you address these directly with your legal department or outside counsel.