ATA seeks to conduct background checks on all drivers
Staff -- Logistics Management, 6/1/2002
The American Trucking Associations (ATA), the Alexandria, Va.-based organization that represents motor carriers, has proposed that Congress authorize the organization to conduct background checks on all truck drivers. Like the group's earlier request for access to FBI files for driver-applicant screenings, the proposal is meeting with opposition from other industry groups.
Under current federal law, only drivers of vehicles carrying hazardous materials come under this high level of scrutiny. The U.S. Department of Transportation (DOT) is now drafting a regulation detailing procedures for background checks on drivers hauling hazardous materials, as required under last year's U.S.A. Patriot Act. Most industry observers expect that regulation will require the FBI to do the legwork, then relay information to the DOT so that agency can decide if an individual qualifies for a commercial drivers license with a hazmat endorsement. DOT, in turn, will send the required information to the state authority that will issue the license.
But the ATA wants to persuade federal lawmakers and regulators that all truck drivers should undergo background checks to combat terrorism—and that ATA should be the one that conducts those checks. So far, Capitol Hill watchers say that the plan has met with a chilly reception in Congress. Says one lobbyist for warehousing interests, Patrick O'Connor of the Washington, D.C., firm Kent and O'Connor: "I don't see a lot of steam behind that proposal."
The ATA counters that a precedent has already been set by industry organizations that handle employee screenings in other industries, such as banking and airports. "We would like to have access to the FBI criminal investigation network as part of our driver hiring procedures," says ATA spokesman Mike Russell. "ATA would also like to be the vendor doing it, much the same way as the ABA [American Banking Association] handles investigations for prospective banking employees."
Several trade groups have registered their opposition to the plan. The Petroleum Marketers Association of America (PMAA) in Arlington, Va., recently issued an alert to its members that ATA plans to charge higher fees for background checks to non-members. Russell responds that the fee structure has not been set and that he cannot confirm the report that non-members would be charged more than ATA members.
In addition to the issue of higher fees, PMAA opposes the plan because the ATA would gain access to personal information. "You shouldn't have a trade association having confidential information on people," says PMAA Regulatory Vice President Laura Tague.
The Owner-Operator Independent Drivers Association (OOIDA), based in Grain Valley, Mo., also opposes the ATA plan. Not only does it share PMAA's concerns about invasion of drivers' privacy, but it also questions the plan's effectiveness in thwarting would-be terrorists.
"This would be the most inefficient system imaginable," says OOIDA Executive Vice President Todd Spencer. "It's not uncommon for a driver to put in an [employment] application with three to a dozen carriers," he reports. "Should there be a criminal check every time someone applies for a job?" Spencer suggests that background checks should instead be done in conjunction with the procedure for issuing commercial drivers licenses. "If there are issues or concerns," he says, "[the applicant] should be denied the license to drive a truck—not a job."
The National Industrial Transportation League (NITL) in Arlington, Va., which represents shippers, has not yet taken a formal position on the ATA's proposal. Kathy Luhn, NITL's vice president of public affairs, reports that the group's Highway Transportation Committee plans to discuss the proposal at a meeting next month.
The ATA's request earlier this year for access to FBI records in order to perform criminal background checks on drivers has also stirred up controversy. The International Brotherhood of Teamsters, which represents thousands of truck drivers, has voiced strong opposition to the plan. Says Teamsters General President James P. Hoffa: "As we have seen in the airline industry, such unlimited access to an employee's history, by a non-neutral party, has led to abusive practices—none of which were intended by the Airport Security Act."
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