TSA Adopts Rule on Rail, Transit Background Check Disclosures

Effective immediately, mass transit systems and passenger and freight rail lines must understand the U.S. Transportation Security Administration's security background check regulations and guidance for covered individuals and represent them accurately to their employees and to an arbiter involved in a labor arbitration. This new TSA rule was published today without notice or comment period because it adopts verbatim sections of the Implementing Recommendations of the 9/11 Commission Act of 2007, Public Law 110-153, which was enacted in August 2007, TSA said.

The background checks are for individuals with the Transportation Worker Identification Credential, including land transportation workers who need unescorted 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 guidance can be found at www.tsa.gov/what_we_do/layers/trip/freight_rail_security.shtm, and at www.tsa.dhs.gov/assets/pdf/guidance_employee_background_checks.pdf. The transit guidelines can be found at http://transit-safety.volpe.dot.gov/Security/SecurityInitiatives/.

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