CDL drivers transporting hazardous materials must pass a TSA fingerprint-based background check to obtain their Hazmat endorsement.
Beyond the TSA check, employers should conduct additional comprehensive background checks to make fully informed hiring decisions.
This guide explains what to know about Hazmat background checks and other important searches.
Key Takeaways
- A Hazmat background check is a TSA investigation that screens an applicant’s criminal history, mental health, immigration status, and presence on watchlists before authorizing them to transport hazardous materials.
- Drivers must obtain a Hazmat endorsement on their CDL before employers can hire them to transport hazardous materials.
- Regulated employers must also conduct other comprehensive background searches required by the U.S. Department of Transportation for commercial drivers, including employment verification, driver safety performance checks, motor vehicle records checks, criminal history searches, DOT physicals, and DOT drug tests.
- Organizations must comply with all regulations and laws when they complete pre-employment background checks, including the regulations enforced by the Department of Transportation and its divisions.
What is a Hazmat Background Check?
A Hazmat background check is a specialized screening conducted by the Transportation Security Administration (TSA) through its Hazmat Endorsement Threat Assessment Program.
Following the September 11, 2001 terrorist attacks, federal law requires commercial drivers to undergo a background check and obtain a Hazmat endorsement on their Commercial Driver’s License (CDL) before transporting hazardous materials such as flammable liquids, gases, and explosive substances.
These requirements, overseen by the Federal Motor Carrier Safety Administration (FMCSA), are designed to protect public safety.
Why Are Hazmat Background Checks Important?
1. Protect Public Safety
The U.S. Department of Transportation (DOT) and the Transportation Security Administration (TSA) require Hazmat background checks to protect the public’s safety and identify those who could place others at risk when transporting or handling hazardous materials.
Hazmat background checks prevent thefts, the misuse of hazardous materials, and potentially dangerous accidents.
2. Ensure Applicants Are Qualified
Hazmat background checks help to ensure applicants are qualified to transport hazardous materials.
This means they are at least 21 years old, do not have any disqualifying criminal convictions, are legally authorized to work in the U.S., and do not appear on any global sanctions watchlists.
3. Minimize Liability Risks
If an employer hires a driver to haul hazardous materials but doesn’t require them to obtain a Hazmat endorsement or complete the required TSA threat assessment program, the employer could face significant civil penalties and potentially lose their operating authority.
If the unqualified driver subsequently injures someone while working, the company could also face substantial liability through negligent hiring and retention lawsuits.
4. Protect the Company’s Reputation
Hazmat background checks help to protect a company’s reputation and brand by demonstrating the company complies with all regulatory requirements to keep the public safe.
5. Maintain Regulatory Compliance
Companies involved in the manufacturing, distribution, or transportation of hazardous materials must comply with hazardous materials regulations, including rules for placarding, transportation, handling, truck and materials security, parking, smoking, driver qualifications, and others.
One of these requirements is to ensure any driver who transports hazardous materials has a hazardous materials endorsement and has undergone a TSA threat assessment and Hazmat background check.
What’s Included in a Hazmat Background Check?
Fingerprint-Based FBI Criminal Records Check
Hazmat endorsement applicants must submit fingerprints so the TSA can complete a fingerprint-based criminal background check through the Federal Bureau of Investigation (FBI).
This check looks for domestic state and federal criminal convictions listed in federal and state criminal information databases to identify whether the applicant has any convictions on the permanent or interim disqualification lists.
Identity Verification
Applicants must submit official identity documents when they apply for a Hazmat endorsement.
The TSA checks the information provided by the applicant against official databases to verify they are who they claim to be and that the records they find belong to the applicant and not to an individual with a similar name.
Immigration or Citizenship Status Verification
To obtain a Hazmat endorsement, the applicant must have a qualifying immigration status, including U.S. citizenship, lawful permanent resident status, or a qualifying nonimmigrant visa with employment authorization documents.
The TSA will verify the applicant’s immigration or citizenship status to confirm their eligibility.
Global Watchlist Checks
The TSA checks multiple global and federal watchlist databases to look for indicators the applicant might pose a public safety risk.
It looks for convictions and time served in jail in other countries. Some of the watchlists that might be included in this intelligence check include:
- Interpol red notice list
- Immigration and Customs Enforcement (ICE) most wanted list
- FBI most wanted terrorists list
- Department of the Treasury Office of Foreign Assets Control (OFAC) Specially Designated Nationals list
- United Nations Security Council consolidated sanctions list
- UK Sanctions list
- Consolidated Canadian Autonomous Sanctions List
- Dow Jones watchlist
- S. Bureau of Industry Denied Persons list
Mental Capacity Check
The Transportation Security Administration will disqualify individuals from obtaining a Hazmat endorsement if they have been:
- Adjudicated as mentally incapacitated
- Committed to a mental health or psychiatric institution
- Found not guilty of a crime by reason of insanity
- Found by a court or other government authority to pose a danger to themselves or others
Know Before You Hire
How is a Hazmat Background Check Conducted?
To obtain a Hazmat endorsement, the applicant must be at least 21 years old, hold a valid commercial driver’s license (CDL) in the state where they are applying, pass a vision screen, and pass a written exam.
They must then submit to fingerprinting and complete the TSA threat assessment program application online or at a testing center.
The applicant must pay a fee of $86.50.
Those who are located in the following states can complete the assessment at their local DMV:
They will need to bring official identity documents such as a valid, unexpired driver’s license and birth certificate, a valid, unexpired U.S. passport, a valid green card, or others.
Once everything has been submitted, the TSA will conduct the threat assessment program check and will update the applicant on their status within 60 days.
Additional Background Checks to Perform
While a Hazmat check is required for those seeking a Hazmat endorsement, it will not give employers a comprehensive picture of their applicants’ backgrounds.
The Hazmat threat assessment program also takes a long time to come back. The TSA states it can take up to 60 days.
The Department of Transportation (DOT) also requires regulated employers to complete specific background checks on applicants for safety-sensitive positions, including commercial truck drivers.
A comprehensive DOT background check can also help employers confirm whether an applicant is likely to pass the Hazmat check or whether they have indicators that they might fail it.
Some relevant searches for a comprehensive DOT background check include:
Criminal History
A criminal history search reports the following details when an applicant has a pending criminal case or conviction:
- Offense date
- Offense type
- Offense severity
- Disposition
- Disposition date
- Sentence information (if available)
If an applicant has a conviction or pending case for an offense that appears on the TSA’s list of disqualifying offenses, they likely won’t pass their Hazmat assessment or be approved for an endorsement.
Employment Verification
Employment verification provides the following information about an applicant’s work history:
- Name and address of each employer
- Employment dates
- Titles and positions held
For commercial drivers, you’ll need a safety performance history from each employer from the last three years.
Motor Vehicle Records Check
You’ll want to complete a motor vehicle records (MVR) check in each state where the driver has held a CDL.
An MVR check discloses the following information about an applicant’s driver’s license and record:
- License class
- Issuance date
- License number
- State of issuance
- Licensee’s full legal name
- Licensee’s registered address
- Revocations or suspensions
- Expiration date
- Traffic violations
- Major traffic crimes
Road Test Verification
Under 49 CFR 391.31(3), carriers must verify that each driver has passed the official road test.
You must keep a copy of a driver’s certificate in their driver qualification file.
This demonstrates that an applicant can safely operate the commercial vehicles your company uses.
DOT Physical
A CDL driver applicant must take and pass a DOT physical.
This medical exam confirms the applicant doesn’t suffer from a medical condition that could prevent them from safely operating a commercial vehicle.
The DOT physical must be completed by a healthcare professional listed on the National Registry of Certified Medical Examiners.
DOT Drug Test
Commercial drivers must also take and pass a DOT drug screen before you can hire them to operate commercial trucks.
You must consult the FMCSA’s Drug and Alcohol Clearinghouse to confirm the applicant hasn’t committed any alcohol or drug violations within the past three years.
Legal Considerations
Federal Laws
Security Threat Assessment Required
Under 49 CFR Part 1572, the Transportation Security Administration must complete a security threat assessment on any person who seeks a Hazmat endorsement.
The applicant must pass this assessment to obtain an endorsement. If they fail the assessment, your company can’t hire them to transport hazardous materials.
Driving Records Investigation Required
Under 49 CFR part 391, § 391.23, you must check a CDL driver’s record within 30 days of employment in each state in which they’ve held a CDL in the last three years.
You must also obtain a driver safety check from each employer in the last three years and consult the Drug and Alcohol Clearinghouse to see whether they have had any drug or alcohol violations.
If they have, you must disqualify them from driving.
Drivers Privacy Protection Act
The Drivers Privacy Protection Act (DPPA) prohibits you from accessing driving records from states without first obtaining the applicant’s written consent.
Get a Comprehensive Background Check with iprospectcheck
Employers who hire drivers to transport hazardous materials must ensure their drivers obtain Hazmat endorsements for their commercial driver licenses. To receive this endorsement, drivers must pass a Hazmat background check.
Additionally, employers should conduct comprehensive DOT background checks to review driving records, criminal history, and other relevant information that confirms applicants are safe, qualified, and trustworthy.
At iprospectcheck, we provide industry-specific packages for transportation carriers with packages at varying price points. You can also choose add-on searches to create customized background checks.
To learn more about our services or to get a free quote, contact us today: (888) 509-1979.
DISCLAIMER: The resources provided here are for educational purposes only and do not constitute legal advice. Consult your counsel if you have legal questions related to your specific practices and compliance with applicable laws.
FAQs
How long does a Hazmat background check take?
The Transportation Security Administration (TSA) states that it will provide the status of an applicant’s application within 60 days of submitting their information and fingerprints for most states.
For Hazmat endorsement applicants located in the following states, they must check with their state’s licensing authority to learn their status:
Since the TSA’s Hazmat background check process is lengthy, it’s a good idea for employers to conduct thorough background checks on applicants to determine whether they are likely to pass the TSA’s threat assessment before hiring them.
What disqualifies someone from passing a Hazmat background check?
An applicant for a Hazmat endorsement can be temporarily or permanently disqualified based on their criminal record when they fail the TSA’s threat assessment background check. The disqualifying crimes are listed in 49 CFR, Part 1572 § 1572.103.
Some criminal convictions that result in permanent disqualification include:
- Espionage or conspiracy to commit espionage
- Sedition or conspiracy to commit sedition
- Treason or conspiracy to commit treason
- Terrorism
- Crime involving a transportation security incident
- Improper transportation of hazardous materials
- Unlawful possession, transportation, use, distribution, sale, import, export, sale, purchase, receipt, or transfer of explosives or explosive devices
- Murder
- Criminal, false, or malicious threats of placing a bomb or explosive device in a public place, government facility, transportation facility, or infrastructure
- Attempts to commit the above crimes
Convictions that result in temporary disqualification include:
- Unlawful dealing, transportation, selling, manufacturing, possessing, or transferring firearms
- Extortion
- Identity fraud
- Money laundering
- Bribery
- Smuggling
- Immigration violations
- Distribution or possession with the intent to sell a controlled substance
- Arson
- Kidnapping
- Rape
- Aggravated sexual abuse
- Assault with intent to kill
- Robbery
- Fraudulent entry into a seaport
- RICO Act violations
- Conspiracy or attempt to commit any of the interim disqualifying crimes
Convictions of a temporarily disqualifying crime disqualify an applicant for seven years from the conviction date or five years after they complete a prison sentence.
How much does a Hazmat background check typically cost?
New applicants for a Hazmat endorsement must pay a fee of $86.50 to the TSA for the threat assessment background check when they submit their fingerprints and applications.
For other searches, companies can work with iprospectcheck. For a free quote, contact us today.
