Background Check Advice

A Hazmat Background Check Is Required For Transportating Hazardous Materials

In the United States a truck driver holding a CDL (Commerical Drivers License) cannot legally transport hazardous materials without a Hazmat endorsement. The endorsement certifies that the driver has the required training to handle hazardous materials.

Hazardous materials can carry the risk of explosion or fire, or they might be used to attack groups. buildings, bridges, and subways, or infrastructure. Because possible terrorist threat, the USA PATRIOT Act declares that no state can issue, renew, or transfer a driver's hazardous material endorsement unless the driver has successfully completed the Transportation Security Administration's security threat assessment. The assessment program is designed to meet the requirements of the Act and protects against the possibility of terrorists transporting hazardous materials.

Beginning May 5, 2003, the TSA and U.S. Department of Transportation have required Hazmat background checks on commercial drivers who are certified to transport hazardous materials. Hazmat background checks typically include a review of criminal, immigration, and FBI records, and are finger-print based. If it's determined that a driver represents a security threat, TSA notifies the driver and the state will not issue an endorsement. However, for privacy reasons, the employee's company will not be notified.

The Hazmat background check requires a driver to produce proof of U.S. citizenship or lawful permanent residence. If a disqualifying crime is found during the Hazmat background check, the application is denied, although the decision may be appealed, depending on the crime. For instance, when drivers' backgrounds include crimes such as kidnapping, bribery, or smuggling, decisions against them may may be appealed, while a finding of treason, espionage or sedition cannot.

States must forward information from the Hazmat background check and fingerprinting results to TSA for review and approval. Currently sixteen states collect the Hazmat background check data using their own programs while thirty-four states and the District of Columbia have opted to use the TSA-contracted agent. Once the information from a Hazmat background check has been reviewed by the TSA, one of three outcomes will result:

• The driver will be declared eligible to transport hazardous materials.
  
  
• Their application will be declined and they may be able to appeal.
  
  
• They will be declared a threat to transportation security and there is no possibility of appeal.

When a Hazmat background check determines that a driver is ineligible for an endorsement, both the state and the driver are notified. Any driver the is holding will be revoked.