Background Check Rules Delayed

The Department of Homeland Security’s Transportation Security Administration (TSA) and the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration recently ruled that fingerprint-based background checks for drivers applying for, renewing or upgrading a hazardous materials endorsement for a commercial driver’s license will be delayed from Nov. 1, 2003, until April 1, 2004. Legislation passed shortly after the Sept. 11, 2001, terrorist attacks requires background checks to be conducted and precludes certain offenders from holding a hazardous materials endorsement.

The Agency issued an interim rule in early May giving states agencies that issue drivers licenses six months to prepare to collect fingerprints, and help process criminal background checks. The delay was prompted by concerns from state department of motor vehicle officials, who complained that they needed funding to purchase fingerprinting equipment, time to hire and train personnel to operate the equipment and the necessary authority to collect funds to cover the costs of fingerprinting.

States that cannot begin collecting fingerprints on April 1 may ask TSA to have the compliance date pushed back until Dec. 1, 2004. Meanwhile, pest management professionals with hazardous material endorsements should await direction from their state department of motor vehicles as to how to proceed.