Background checks have become commonplace for many employees, particularly those who are put into a position of trust, such as certain transportation workers.
In July 2008, the U.S. Transportation Security Administration passed a rule stating all mass transit system and passenger and freight rail line employers must understand and disclose security background check regulations for employees.
According to an article by Occupational Health & Safety, the new rule was introduced without prior notice or a comment period because it adopts portions of the 9/11 Commission Act of 2007.
“The background checks are for individuals with the Transportation Worker Identification Credential, including land transportation workers who need un-escorted access to secure areas of maritime facilities and to vessels regulated under the Maritime Transportation Security Act, as well as employees of rail carriers that transport materials poisonous by inhalation,” the article notes.
In 2006, the TSA and Federal Transit Administration issued a list of security and emergency management action items to help companies operating mass transit and passenger rail systems. The list recommends a number of practices to improve security.
One of the recommendations is that operators conduct background checks, including criminal history and motor vehicle records, on all new frontline operations and maintenance employees, as well as employees and contractors with access to sensitive security information and security critical facilities and systems.
Also in 2006, the TSA and FTA published recommended protective measures that correspond with the nation’s color-coded threat levels under the Homeland Security Advisory System. For instance, at a green threat level, it is recommended mass transit and passenger rail agencies perform background checks on all employees and contractors.
An article by the TSA notes some crimes will disqualify a person from being a hazardous material driver or transportation worker.
“Mass transit and passenger rail operations sometimes use criminal background checks to assess the suitability of their employees and contractors for positions,” the article states. “To the extent that an operation chooses to do so for employees and contractors with unmonitored access to designated critical infrastructure, they should consider using the Federally-established list of disqualifying crimes applicable to hazardous material drivers and transportation workers at ports.
“Mass transit and passenger rail operations may also consider using an appeal and waiver process similar to the system established for hazardous material drivers and transportation workers at ports,” the article continues. “An internal redress process for individuals who are adversely impacted can help ensure both fairness and security. The process would provide an opportunity to correct mistakes in court records or prove mistaken identity.”
The TSA states a redress process also can provide an opportunity to demonstrate rehabilitation or facts surrounding a conviction that contradict security concerns, for example: circumstances of the disqualifying offense, restitutions made, letters of reference from clergy, employers, probation or parole officers or other evidence that bears on a person’s good character.
The TSA also recommends employers verify an employee’s social security number and immigration status and continue to conduct periodic background checks.
