We still "occassionally" order MVR's for our insureds. Do any of you have a disclaimer you use for the MVR release form that the employee signs that states it is not provided for a "hiring" tool but for insurance reasons? How do you handle this?
Here you are. I think this came from our state or national association, but I'm not sure. Anyway, this should work for you. Make sure that you get the employer to sign the second page and keep a copy yourself, since they are responsible for obtaining and maintaining the records from the employees.
Authorization to Obtain Consumer Reports and/or Driving Records
To Be Signed by Job Applicant/Employee
Name of Job Applicant / Employee _________________________________________________
Street Address _________________________________________________________________
City, State, Zip _________________________________________________________________
test customer
Grand Rapids, MI 49504
Consumer reports may be obtained as part of the test customer evaluation of my job applications / employment. The reports may be procured by Dave Zylstra Agency, Inc., and may include my driving record, an assessment of my insurability under the company's insurance coverages, or other consumer reports. By signing this disclosure, I hereby authorize the company to procure such reports and additional reports about me from time to time, as it deems appropriate, to evaluate my insurability or for other permissible purposes
___________________________________________ _____________________
Employee's Signature Date
***************************************************************************************
PAGE 2
Employer's Certification that they have Received an Authorization to Obtain Driving Records For Employee/Job Applicant
Date __________________________
Agency Name: Dave Zylstra Agency, Inc.
4201 Richmond NW
PO Box 141517
Grand Rapids, MI 49514-1517
test customer
Grand Rapids, MI 49504
Dear Dave Zylstra Agency, Inc.:
test customer has reviewed its obligations under the Fair Credit Reporting Act as a consumer report user, and certifies that it has received or will receive in advance of requesting information about the driving records or Consumer Reports about any Job applicant or employee, an authorization in which the applicant authorizes in writing the procurement of his/her consumer reports, including driving records, and the procurement of additional reports about him/her from time to time to evaluate his/her insurability or for other permissible purposes. test customer will retain the job applicant's/employee's authorization on file in accordance with the requirements of the law for at least two years, and provide to the applicant/employee all required notices.
Sincerely,
Signature for Employer _________________________________________________
test customer
No, we don't because the State prohibits us from doing so. The copies of MVRs in Indiana that are provided to insurers and their agents contain info that isn't allowed on the employer's copy. Additionally, I don't want to risk that the employer didn't follow the proper rules to obtain the employee or prospective employee's permission using the correct forms. We will tell them if they are acceptable or not and maybe an indication of the nature of the violation if it's severe, but no copies.
Quote from: Jim Jensen on November 22, 2011, 10:54:43 AM
No, we don't because the State prohibits us from doing so. The copies of MVRs in Indiana that are provided to insurers and their agents contain info that isn't allowed on the employer's copy. Additionally, I don't want to risk that the employer didn't follow the proper rules to obtain the employee or prospective employee's permission using the correct forms. We will tell them if they are acceptable or not and maybe an indication of the nature of the violation if it's severe, but no copies.
Same for Wisconsin I believe.
Our procedures also do not allow providing to employers - not only state law, but there is federal law on personal information that applies.
My understanding is that this information CAN be disclosed, as long as you get the authorization from the employee before doing so. Some of our accounts will not employ people as drivers if they can't check their MVR records. I would argue that they have a duty to do so for drivers, rather than just leaving it up to the insurance company or state DMV. If one of their drivers had a history of DUI and then killed someone while driving drunk, I doubt that ignorance of their driving record would be considered as a legitimate defense.
You should also check with your state's agent's or broker's association. Keeping current on that kind of stuff is their job.
We have had this discussion many times in CISR Agency Operations classes. At our agency we will run MVRs and send to employers only if we receive a signed authorization from the prospective employee.
It is ok to run an MVR for an underwriter for use of quoting New Business or a renewal as acceptable MVRs are a condition of obtaining a quote. As long as you are not sharing the information with the employer without a signed authorization you should be ok.
I attached a copy of the form we send to our clients.
Quote from: TrishaOurs on November 22, 2011, 01:56:26 PM
I attached a copy of the form we send to our clients.
For some reason this file downloaded as "index.php" but changing it to .pdf fixed it.
Weird, but thanks for fixing it!
Quote from: Mark on November 22, 2011, 01:58:53 PM
Quote from: TrishaOurs on November 22, 2011, 01:56:26 PM
I attached a copy of the form we send to our clients.
For some reason this file downloaded as "index.php" but changing it to .pdf fixed it.
We have two forms we send out - initially one for the employer - FCRA compliance form and one for the employee or prospective employee to sign indicating he/she is agreeing to letting the employer request MVR info. We only supply returned information to employers - not copies of the actual report.