You are not logged in
Close





State:
Free Special Reports
Get Your FREE Special Report. Download Any One Of These FREE Special Reports, Instantly!
Featured Special Report
Claim Your Free Copy of 12 Ways to Boost Workplace Safety

Managing safety training, enforcing safety rules, and monitoring employee performance is a big responsibility. You’re the one who can do the most to successfully promote safety in the workplace.

Follow the 12 simple, down-to-earth suggestions in this special report and learn how to provide the guidance and leadership your employees need and your management relies on

Download Now!


Covering Safety awareness in:
  • Back Safety
  • Bloodborne Pathogens Safety
  • Forklift Safety
  • Hazardous Waste Operations
  • Lockout/Tagout
  • Sexual Harassment and Safety
  • Violence in the Workplace
The report also provides special event and awareness tips like:
  • National Safety Month
  • National Fire Prevention Week
  • Lung Cancer Awareness Month
This is a time- and work-saving reference packed with effective training information.

Download Now!
Bookmark and Share
April 02, 2007
Hazmat Endorsements and Criminal Records

One of your best employees is convicted of a felony. Do you know if he can receive a hazmat endorsement on his commercial driver's license (CDL)? Well, it depends on what the felony was and when the felony was committed.

For a Limited Time receive a FREE Safety Special Report on the "50 Tips For More-Effective Safety Training."  Receive 75 pages of useful safety information broken down into three training sections. Download Now

The hazmat regulations at 49 CFR 177.804 state that motor carriers must comply with Federal Motor Carrier Safety Administration (FMCSA) Regulations at 49 CFR 383 and 390 through most of 397, when applicable. The rules for obtaining a CDL are found at 49 CFR 383. The regulations require drivers to have hazmat endorsements if they are transporting placardable shipments of hazardous materials [49 CFR 383.93(b)(4)].

On May 5, 2003, the Transportation Security Administration (TSA) implemented a requirement for background checks for hazmat drivers and prohibiting drivers deemed to pose a security threat from transporting hazardous materials cargo. On the same day, FMCSA also issued an interim final rule requiring federal background checks for CDLs with a hazardous materials endorsement.

The rules for obtaining a CDL require that individuals seeking to obtain a hazmat endorsement comply with TSA requirements codified in 49 CFR Part 1572, Credentialing and Background Checks for Land Transportation Security [49 CFR 283.71(a)(9)]. One component of the background check is to determine whether the applicant has a "disqualifying criminal offense" that would prevent him or her from receiving a hazmat endorsement. Disqualifying criminal offenses can be either "permanent" or "interim" in nature, and are listed at 49 CFR 1572.103.

An applicant is considered to have a permanent disqualifying offense if he or she has been convicted of or found not guilty by reason of insanity in a civilian or military jurisdiction for any of the crimes listed at 49 CFR 1572.103(a). Examples of permanent disqualifying offenses would include treason, sedition, murder, crimes involving transportation security incidents, and unlawful possession of explosive devices.

An applicant is considered to have an interim disqualifying offense if he or she has been convicted of or found not guilty by reason of insanity in a civilian or military jurisdiction for any of the crimes listed at 49 CFR 1572.103(b) within the 7 years preceding the date of application or the applicant was released from incarceration for the crime within the 5 years preceding the date of application. Examples of interim disqualifying offensives (which prevent the applicant from receiving an endorsement if they occurred up to 7 years before the application) include identity fraud, bribery, immigration violations, robbery, and distribution of a controlled substance.

Featured Special Report:
12 Ways to Boost Workplace Safety
   
   
 
 
Twitter  Facebook  Linked In
Follow Us
Copyright © 2014 Business & Legal Resources. All rights reserved. 800-727-5257
This document was published on http://Safety.BLR.com
Document URL: http://safety.blr.com/workplace-safety-news/transportation-safety/hazardous-materials-transportation/Hazmat-Endorsements-and-Criminal-Records/