49 CFR Part 382.413 and Part 40.25:

382.413 and 40.25 Must an employer check on the drug and alcohol testing record of employees it is intending to use to perform safety-sensitive duties.

  1. Yes, as an employer, you must, after obtaining an employee's written consent, request the information about the employee listed in paragraph (b) of this section. This requirement applies only to employees seeking to begin performing safety-sensitive duties for you for the first time (i.e., a new hire, an employee transfers into a safety sensitive position). If the employee refuses to provide this written consent, you must not permit the employee to perform safety-sensitive functions.
  2. You must request the information listed in this paragraph (b) from DOT-regulated employers who have employed the employee during any period during the two years before the date of the employee's application or transfer:
    1. Alcohol tests with a result of 0.04 or higher alcohol concentration;
    2. Verified positive drug tests;
    3. Refusals to be tested (including verified adulterated or substituted drug test results);
    4. Other violations of DOT agency drug and alcohol testing regulations; and
    5. With respect to any employee who violated a DOT drug and alcohol regulation, documentation of the employee's successful completion of DOT return-to-duty requirements (including follow-up tests). If the previous employer does not have information about the return-do-duty process (e.g., an employer who did not hire an employee who tested positive on a pre-employment test), you must seek to obtain this information from the employee.
  3. The information obtained from a previous employer includes any drug or alcohol test information obtained from previous employers under this section or other applicable DOT agency regulations.
  4. If feasible, you must obtain and review this information before the employee first performs safety-sensitive functions. If this is not feasible, you must obtain and review the information as soon as possible. However, you must not permit the employee to perform safety-sensitive functions after 30 days from the date on which the employee first performed safety-sensitive functions, unless you have obtained or made and documented a good faith effort to obtain this information.
  5. If you obtain information that the employee has violated a DOT agency drug and alcohol regulation, you must not use the employee to perform safety-sensitive functions unless you also obtain information that the employee has subsequently complied with the return-to-duty requirements of Subpart O of this part and DOT agency drug and alcohol regulations.
  6. You must provide to each of the employers from whom you request information under paragraph (b) of this section written consent for the release of the information cited in paragraph (a) of this section.
  7. The release of information under this section must be in any written form (e.g., fax, e-mail, letter) that ensures confidentiality. As the previous employer, you must maintain a written record of the information released, including the date, the party to whom it was released, and a summary of the information provided.
  8. If you are an employer from whom information is requested under paragraph (b) of this section, you must, after reviewing the employee's specific, written consent, immediately release the requested information to the employer making the inquiry.
  9. As the employer requesting the information required under this section, you must maintain a written, confidential record of the information you obtain or of the good faith efforts you made to obtain the information. You must retain this information for three years from the date of the employee's first performance of safety-sensitive duties for you.
  10. As the employer, you must also ask the employee whether he or she has tested positive, or refused to test, on any pre-employment drug or alcohol test administered by an employer to which the employee applied for, but did not obtain, safety-sensitive transportation work covered by DOT agency drug and alcohol testing rules during the past two years. If the employee admits that he or she had a positive test or a refusal to test, you must not use the employee to perform safety-sensitive functions for you, until and unless the employee documents successful completion of the return-to-duty process (see paragraphs (b)(5) and (e) of this section).

49 CFR Part 382.301

382.301 Pre-employment testing.

  1. Prior to the first time a driver performs safety-sensitive functions for an employer, the driver shall undergo testing for controlled substances as a condition prior to being used, unless the employer uses the exception in paragraph (b) of this section. No employer shall allow a driver, who the employer intends to hire or use, to perform safety-sensitive functions unless the employer has received a controlled substances test result from the MRO or C/TPA indicating a verified negative test result for that driver.
  2. An employer is not required to administer a controlled substances test required by paragraph (a) of this section if
    1. The driver has participated in a controlled substances testing program that meets the requirements of this Part within the previous 30 days; and
    2. While participating in that program, either:
      1. Was tested for controlled substances within the past 6 months (from the date of application with the employer) or
      2. Participated in the random controlled substances testing program for the previous 12 months (from the date of application with the employer); and
    1. An employer who exercises the exception in paragraph (b) of this section shall contact the controlled substances testing program(s) in which the driver participates or participated and shall obtain and retain from the testing program(s) the following information:
      1. Name(s) and address(es) of the program(s).
      2. Verification that the driver participates or participated in the program(s).
      3. Verification that the program(s) conforms to part 40 of this title.
      4. Verification that the driver is qualified under the rules of this part, including that the driver has not refused to be tested for controlled substances.
      5. The date the driver was last tested for controlled substances.
      6. The results of any tests taken within the previous six months and any other violations of subpart B of this part.
    2. An employer who uses, but does not employ a driver more than once a year to operate commercial motor vehicles must obtain the information in paragraph (c)(1) of this section at least once every six months. The records prepared under this paragraph shall be maintained in accordance with § 382.401. If the employer cannot verify that the driver is participating in a controlled substances testing program in accordance with this part and part 40 of this title, the employer shall conduct a pre employment controlled substances test.
  3. An employer may, but is not required to, conduct pre-employment alcohol testing under this part. If an employer chooses to conduct pre-employment alcohol testing, it must comply with the following requirements:
    1. It must conduct a pre-employment alcohol test before the first performance of safety-sensitive functions by every covered employee (whether a new employee or someone who has transferred to a position involving the performance of safety-sensitive functions)
    2. It must treat all safety-sensitive employees performing safety-sensitive functions the same for the purpose of pre-employment alcohol testing (i.e., it must not test some covered employees and not others).
    3. It must conduct the pre-employment tests after making a contingent offer of employment or transfer, subject to the employee passing the pre-employment alcohol test.
    4. It must conduct all pre-employment alcohol tests using the alcohol testing procedures of 49 CFR part 40 of this title.
    5. It must not allow a covered employee to begin performing safety-sensitive functions unless the result of the employee’s test indicates an alcohol concentration of less than 0.04.

New Employee’s Drug and Alcohol Statement

In accordance with 49 CFR 40.25 (j), as the employer, you must ask any prospective employee, whether he or she has tested positive, or refused to test on any pre-employment drug or alcohol test administrated by an employer to which the employee applied for, but did not obtain safety-sensitive transportation work covered by DOT agency drug and alcohol testing rules during the past three years.


Company Name:    Spartan Freight Systems Inc.

Address:    7410 Tranmere Drive

City:    Mississauga

State:   Ontario

Zip:   L5SIK4

To be answered by the employee:

Have you ever tested positive, or refused to test, on any pre-employment drug or
alcohol test administrated by an employer to which the employee applied for, but
did not obtain safety-sensitive transportation work covered by DOT agency drug
and alcohol testing rules during the past three years?


If the employee admits that he or she had a positive test or refusal to test, you must not use the employee to perform safety-sensitive functions for you, until and unless the employee documents successful completion of the return-to-duty process (see 40.25 (b) and 40.25 (e). The return-to-duty process is outlined in subpart O of Part 401



Driver Hiring Checklist

Give a short history of the company, explain the structure and define any reporting relationships With any other employees
Give detalls of probationary period
Show them around facilities and Introduce to other employees
Explain pay structure, paydays and when wages are reviewed
Explain which statuary holidays are paid, which are not, and any other pertinent Information
Demonstrate the use of timesheets
Explain company policy regarding hours of work legislation
Explain company policy regarding pre-trip Inspections
Review fuelling, and topping off fluid levels
Stress the Importance of keeping equipment clean
Explain procedures for reporting violatlons, collisions and roadside Inspections
Make sure it is understood whom problems are reported to
Explain procedures for on-road breakdowns
Introduce to maintenance personnel
Demonstrate 2 way radios or provide with emergency phone number
Explain the Importance of Safety Meeting and training program
Explain company Safety program accident free days, posters, plaques, awards etc
Review company on unauthorised use of vehicles
Explain company disciplinary process
Explain evaluation process
Comment
Rules
In order to ensure safe operation of the company's vehicles, all drivers must be aware of and comply with all regulations governing their conduct
Licensinglnitials
a) I know that I must hold and carry a valid driver's license
b) I agree to report all Highway Traffic Act violations including all traffic violations to my employer In writing
c) I understand that I must not operated a vehicle while under the influence of drugs or alcohol
Hours of Worklnitials
a) I have been Informed of and understand the hours of work regulations
b) I am aware I must arrange my work schedule to comply with these regulations
c) I agree to submit a record of all on-duty hours accumulated while working for other operator
Pre-trip Inspectionslnitials
a) I am aware of the pre-trip Inspection and understand them
b) l will submit all roadside inspection reports immediately upon completion of the trip
Load Securitylnitials
I have been informed of and understand the load security regulations

Motor Vehicle Driver's

Certification oF Compliance With

Driver License Requirements

MOTOR CARRIER INSTRUCTIONS: The requirements in Part 383 apply to every driver who operates in Intrastate, Interstate, or foreign commerce and operates a vehicle weighing 26,001 pounds or more, can transport more than 15 people, or transports hazardous materials that require placarding.

The requirements in Part 391 apply to every driver who operates in interstate commerce and operates a vehicle weighing 10,001 pounds or more, can transport more than 15 people, or transports hazardous materials that require placarding.

DRIVER REQUIREMENTS: Parts 383 and 391 of the Federal Motor Carrier Safety Regulations contain some requirements that you, as a driver, must-comply with. These requirements are in effect as of July 1, 1987. They are as follows:

  1. POSSESS ONLY ONE LICENSE: You, as a commercial vehicle driver, may not possess more than one license. If you now have more than one license, you should keep the license from your state of residence and return the additional licenses to the states that issued them. DESTROYING a license does not close the record in the state that issued it; you must notify the state. If a multiple license has been lost, stolen, or destroyed, you should close your record by notifying the office of issuance that you no longer want to be licensed by that state.
  2. NOTIFICATION OF LICENSE SUSPENSION, REVOCATION OR CANCEUATION:Sections 392.42 and 383.33 of the Federal Motor Carrier Safety Regulations require that you notify your employer the NEXT BUSINESS DAY of any revocation or suspension of your driver's license. In addition, section 383.31 requires that any time you violate a state or local traffic law (other than parking}, you must report it within 30 days to: 1) your employing motor carrier and 2) the state that issued your license (if the violation occurs in a state other than the one which issued your license). The notification to both the employer and state must be In Writing.

Medical Declaration

On March 3rd 1999, Transport Canada and the US federal Highway administration (FHWA) entered into a reciprocal agreement regarding the physical, requirements for a Canadian drivers of II commercial vehicle In the US, as currently contained In the federal Motor carriers safety regulation, part 391.41 et seq, and vice-versa, the reciprocal agreement will remove the requirements for a Canadian driver ID carry a copy of a medical examiners certificate indicating that the driver is physically qualified to drive (In effect, the existence of a valid driver's license issued by the province of Albert.a is deemed to be proof that a driver is physically qualified to drive in US) however, FHWA will not recognize an Alberta license if the driver has certain medical conditions and those conditions would prohibit them from driving In the US.

I certify that I am qualified to operate a commercial vehicle in the United States. I further certify that:

  1. I have no clinical diagnosis of diabetes currently requiring Insulin for control.
  2. I have no established medical history or clinical diagnosis of epilepsy.
  3. I don't have impaired hearing (A driver must be able to first perceive a forced whispered voice in the better ear at not less than 5 feet with or without the use of a hearing aid, or does not have an average hearing loss in the better ear greater than 40 decibels at 500 Hz, 100 Hz, or 200 Hz with or without a hearing aid when tested by an audiometric device calibrated to American National Standard 224.5-1951)
  4. I have not been issued a waiver by the province of Alberta allowing me to operate a commercial motor vehicle pursuant to section 20 or 22 of the Alberta regulation 340/94

I further agree to inform Spartan Freight Systems Inc. should my medical status change, or if I can no longer certify conditions A to D, described above.

Driver Acknowledgement

I have been explained and I understand it is illegal to Falsify in logbooks and I have to log all time markers (eg. Tolls, border crossing, fuel times ets) properly and exactly as per the Mountain Time Zone.

If any falsification in my logs is found while auditing by the company, I agree that I will be subjected to fines and penalties.

Fines and penalties will be determined by safety and compliance officers looking into the number of counts and difference of hours

Procedure & Policies

Drivers Manual

I have read and understand the Spartan Freight Systems inc.. Policies and procedures driver's manual. I fully agree to abide by these policies and procedures and understand that If I break any of these policies and procedures, I will suffer the consequences set forth in the manual. I am also aware that anything I do not understand, will be fully explained to me. I understand that Spartan is the safety compliance officer for Spartan and I will abide by any rules set forth by Spartan pertaining to any safety issues I might have.

Consent to release Individual Information

  1. I authorize Spartan Freight Systems Inc. and my prospective employer to retain and share any of my information with other transport companies or any government or private agencies.
  2. I also authorize Spartan Freight Systems Inc. to pull my CVOR, Abstract and Police Clearance from time to time while I am in employment with this prospective employer.



...

7410 Tranmere Drive, Mississauga, ON, L5S1K4


Hiring Policy for Company Drivers




This letter is to certify that if the driver leaves the company within 90 days of joining; all his truck expenses will be deducted from his pay as mentioned below:


  1. Employment Application ($125)
  2. Drug Test charges applicable.
  3. NAL Out of Country Insurance ($75) Monthly.

If there is any misbehavior or unsatisfactory performance, company will terminate your contract immediately without any notice.

In case of any questions, do not hesitate to call me at 905-625-3300.

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7410 Tranmere Drive, Mississauga, ON, L5S1K4


Hiring Policy for Owner Operators




This letter is to certify that if the driver leaves the company within 90 days of joining; following truck expenses will be deducted from the Owner/Operator's pay:


    1. Employment Application ($125)
    2. NY sticker ($0)
    3. Decals ($125)

Other deductions calculated outside of the 90-day period (Adhoc)

    1. Pre-Employment Drug Test Charges Non-Refundable.
    2. DTOPS Transponder (USD 410.60/year divided equally between 12 months for the months not driven)
    3. Any costs related to IRP Plates will be deducted. {To be determined at the time.)
    4. NAL out of Country Insurance ($75) monthly. (If Applicable)

If there is any misbehavior or unsatisfactory performance, company will terminate your contract immediately without any notice. There will be no deductions if the company terminates your contract.




Hiring Policy - Spartan Freight Systems Inc.

We, at Spartan Freight Systems Inc. follow the following Hiring Policy/procedure.


Spartan Freight Systems Inc.

7410 Tranmere Drive, Mississauga, On, L5S1K4


Expenses - Company Driver



Spartan Freight Systems Inc.

7410 Tranmere Drive, Mississauga, On, L5S1K4


Expenses - Owner Operator for all trucks



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Detention charges
For US Drivers only





The Below Disclosure And Authorization Language Is For Mandatory Use By All

Account Holders



Important Disclosure

Regarding Background Reports From The PSP Online Service

In connection with your application for employment with Spartan Freight Systems Inc. ("Prospective employer"), Prospective Employer, its employees, agents or contractors may obtain one or more reports regarding your driving, and safety inspection history from the Federal Motor Carrier Safety Administration (FMCSA).

When the application for employment is submitted in person, if the Prospective Employer uses any information it obtains from FMCSA in a decision to not hire you or to make any other adverse employment decision regarding you, the Prospective Employer will provide you with a copy of the report upon which its decision was based and a written summary of your rights under the Fair Credit Reporting Act before taking any final adverse action. If any final adverse action is taken against you based upon your driving history or safety report, the Prospective Employer will notify you that the action has been taken and that the action was based in part or in whole on this report.

When the application for employment is submitted by mail, telephone, computer, or other similar means, if the Prospective Employer uses any information it obtains from FMCSA in a decision to not hire you or to make any other adverse employment decision regarding you, the Prospective Employer must provide you within three business days of taking adverse action oral, written or electronic notification: that adverse action has been taken based in whole or in part on information obtained from FMCSA; the name, address, and the toll free telephone number of FMCSA; that the FMCSA did not make the decision to take the adverse action and is unable to provide you the specific reasons why the adverse action was taken; and that you may, upon providing proper identification, request a free copy of the report and may dispute with the FMCSA the accuracy or completeness of any information or report. If you request a copy of a the driver record from the Prospective Employer who procured the report, then, within 3 business days of receiving your request, together with proper identification, the Prospective Employer must send or provide to you a copy of your report and a summary of your rights under the Fair Credit Reporting Act.

Neither the Prospective Employer nor the FMCSA contractor supplying the crash and safety information has the capability to correct any safety data that appears to be incorrect. You may challenge the accuracy of the data by submitting a request to https://dataqs.frncsa.dot.gov. If you challenge crash or inspection information reported by a State, FMCSA cannot change or correct this data. Your request will be forwarded by the DataQs system to the appropriate State for adjudication.

Any crash or inspection in which you were involved will display on your PSP report. Since the PSP report does not report, or assign, or imply fault, it will include all Commercial Motor Vehicle (CMV) crashes where you were a driver or co-driver and where those crashes were reported to FMCSA, regardless of fault. Similarly, all inspections, with or without violations, appear on the PSP report. State citations associated with Federal Motor Carrier Safety Regulations (FMCSR) violations that have been adjudicated by a court of law will also appear, end remain, on a PSP report.

The Prospective Employer cannot obtain background reports from FMCSA without your authorization.



AUTHORIZATION

If you agree that the Prospective Employer may obtain such background reports, please read the following and sign below:

I authorizeed Spartan Freight Systems Inc. ("Prospective Employer") to access the FMCSA Pre-Employment Screening Program (PSP) system to seek information regarding my commercial driving safety record and information regarding my safety inspection history. I understand that I am authorizing the release of safety performance information including crash data from the previous five (5) years and inspection history from the previous three (3) years. I understand and acknowledge that this release of information may assist the Prospective Employer to make a determination regarding my suitability as an employee.

I further understand that neither the Prospective Employer nor the FMCSA contractor supplying the crash and safety information has the capability to correct any safety data that appears to be incorrect. I understand I may challenge the accuracy of the data by submitting a request to https://dataqs.fmcsa.dot.gov. If I challenge crash or inspection information reported by a State, FMCSA cannot change or correct this data. I understand my request will be forwarded by the DataQs system to the appropriate State for adjudication.

I understand that any crash or inspection in which I was involved will display on my PSP report. Since the PSP report does not report, or assign, or imply fault, I acknowledge it will include all CMV crashes where I was a driver or co-driver and where those crashes were reported to FMCSA, regardless of fault. Similarly, I understand all inspections, with or without violations, will appear on my PSP report, and State citations associated with FMCSR violations that have been adjudicated by a court of law will also appear, and remain, on my PSP report.

I have read the disclosure regarding background reports provided to me by a prospective employer and I understand that if I sign this Disclosure and Authorization, prospective employer may obtain a report of my crash and inspection history. I hereby authorize Prospective Employer and its employees, authorized agents, and/or affiliates to obtain the information authorized above.





NOTICE: This form is made available to monthly account holders by NIC on behalf of the U.S. Department of Transportation, Federal Motor Carrier Safety Administration (FMCSA). Account holders are required by federal law to obtain an Applicant's written or electronic consent prior to accessing the Applicant's PSP report. Further, account holders are required by FMCSA to use the language contained in this Disclosure and Authorization form to obtain an Applicant's consent. The language must be used in whole, exactly as provided. Further, the language in this form must exist as one stand-alone document. The language may NOT be included with other consent forms or any other language.

NOTICE: The prospective employment concept referenced in this form contemplates the definition of "employee" contained at 49 C.F.R. 383.5.

Last Updated 2/11/2016

...


General Consent for Limited Queries of the Federal

Motor Carrier Safety Administration (FMCSA}


Drug and Alcohol Clearinghouse




I Hereby provide consent to Spartan Freight Systems Inc. to conduct a full query of the FMCSA Commercial Driver's License Drug and Alcohol Clearinghouse(Clearinghouse) to determine whether drug or alcohol violation information about me exists in the Clearinghouse. This consent is for Multiple Limited Query for the duration of your employment or contract with Spartan Freight Systems Inc.. These queries can be unlimited.



I understand that if the full query was conducted by Spartan Freight Systems Inc. Indicates that drug or alcohol violation information about me exists in the Clearinghouse, FMCSA will not disclose that information to Spartan Freight Systems Inc. without first obtaining additional specific consent from me.


I further understand that if I refuse to provide consent for Spartan Freight Systems Inc. to conduct a limited query of the Clearinghouse, Spartan Freight Systems Inc. must prohibit me from performing safety-sensitive functions, including driving a commercial motor vehicle, as required by FMCSA's drug and alcohol program regulations.




...

7410 Tranmere Drive, Mississauga, On, L5S1K4


Company Drivers


Accessorial Charges

CodeAmount
Extra Pick Up$25
Extra Del$25
Waiting Time$50 MAX
Trailer Drop OffOnly Miles Will Be Paid Off
Trailer Switch$25
Hazmat Highway Only$30
Lay Off$75
Clean Inspection$30
Inspection At Fault-$30
Fuel Description Error-$5

ACI/ACE Manifest Violation:

It is the owner Operator (including your driver) responsibility to wait for at least 1 hour after the manifest acceptance (Not when you submit). Owner Operator (including your driver) cannot reach Customs without an entry number. Penalties start from $5000 (US/Canadian) up to $100,000. The Penalty notice comes under the name of the driver. The Driver agrees to pay for the above mentioned penalty.

No waiting time/lay off will be paid without dispatch approval

Spartan reserve the right to change the above mentioned rate with the advance notice.

...


7410 Tranmere Drive, Mississauga, On, L5S1K4


Owner Operators


Accessorial Charges

CodeAmount
Extra Pick Up$50
Extra Del$50
Waiting Time$50 MAX
Trailer Drop OffOnly Miles Will Be Paid Off
Trailer Switch$25
Hazmat Highway$30
Lay Off$75
Clean Inspection$30
Inspection At Fault-$30
Fuel Description Error-$5

ACI/ACE Manifest Violation:

It is the owner Operator (including your driver) responsibility to wait for at least 1 hour after the manifest acceptance (Not when you submit). Owner Operator (including your driver) cannot reach Customs without an entry number. Penalties start from $5000 (US/Canadian) up to $100,000. The Penalty notice comes under the name of the Owner Operator (including your driver). Owner Operator (including your driver) agrees to pay for the above mentioned penalty.

No waiting time/lay off will be paid without dispatch approval

Spartan reserve the right to change the above mentioned rate with the advance notice.




Pay Schedule Owner Operator



FOR EXAMPLE - IF DRIVER STARTS TRIP ON MAY 01, 2019 HE WILL RECEIVE HIS FIRST CHEQUE ON MAY 31, 2019 AND EVERY SECOND FRIDAY AFTER THAT. PAY PERIOD COVERED FOR MAY 31st 2019 CHECK WILL BE FROM APR 29, 2019- MAY 10, 2019. THERE WILL BE TWO CHEQUES FOR EACH PAY PERIOD, ONE FOR THE SAME DATE AS PAY DATE AND NEXT CHEQUE WILL BE POST DATED TO NEXT FRIDAY.



Pay Schedule Company Driver



FOR EXAMPLE - IF DRIVER STARTS TRIP ON MAY 01, 2019 HE WILL RECEIVE HIS FIRST CHEQUE ON MAY 24, 2019 AND EVERY SECOND FRIDAY AFTER THAT. PAY PERIOD COVERED FOR MAY 24th 2019 CHECK WILL BE FROM APR 29, 2019- MAY 10, 2019. THERE WILL BE TWO CHEQUES FOR EACH PAY PERIOD, AND ONE FOR THE SAME DATE AS PAY DATE AND NEXT CHEQUE WILL BE POST DATED TO NEXT FRIDAY.

Detention charges