#1 HIRING FAQ: What if a former employer doesn’t respond to a Safety Performance History records request?
At minimum, document your good faith efforts to obtain this data from them. Sections 391.23(c) (1) and (c)(2) use plurals (i.e., attempts, efforts) so you must try to contact the former employer on more than one occasion. If a former DOT-regulated employer does not respond, you are still compliant so long as you have this documentation. The FMCSA recommends (does not require) that motor carriers report those former DOT-regulated employers that fail to respond.