The Transportation Security Administration (TSA) and the U.S. Coast Guard, operating on authority of the Maritime Transportation Security Act (MTSA),
The Transportation Security Administration (TSA) and the U.S. Coast Guard, operating on authority of the Maritime Transportation Security Act (MTSA), are gradually implementing a requirement Û port by port Û for possession of a TSA security ID SmartCard by personnel entering U.S. port facilities for employment. Among concrete producers, such regulation impacts plant employees in port facilities, as well as personnel involved with delivery and installation of concrete products at ports.
Similar to cards mandated for nuclear-site employees and contractors, the new federal SmartCard program may be expanded to target all transportation workers and many other facilities as well. The SmartCard, known also as TWIC (Transportation Worker Identification Card), is valid for five years. It contains the worker’s fingerprint to provide a definitive link between the card and its holder. Obtaining a SmartCard requires about two weeks and costs $132.50 per person. The TWIC fee is payable by credit card, money order, or certified check at the time of application.
While the card bears no signature, it includes photo identification and is subject to site scanning to verify that the fingerprint belongs to the card carrier. A TWIC-imbedded chip, which maintains the employee’s personal identification, address, background check, and drug test results, allows tracking by satellite to the card’s location at any time.
The enrollment process has begun. The schedule for implementing TSA security ID regulations at U.S. ports extends through September 25, 2008, when the last port will require SmartCards. Obtaining a card is a fairly simple process, as follows:
- Go to https://twicprogram.tsa.dhs.gov/TWICWebApp/ and follow directions to complete the online application form.
- The site allows scheduling an appointment at a local port facility (determined by zip code).
- Show up at the scheduled appointment, pay the fee, provide required identification, get photographed and fingerprinted. The card can be picked up within two weeks after a background check is completed.
If the location of the port is known, an applicant can simply show up at the facility, wait, complete the forms, wait some more, produce requested identification, pay the fees, and finish processing after more waiting.
THE ENROLLMENT PROCESS
According to TSA÷
The enrollment process consists of the following components: optional pre-enrollment, in-person enrollment, security threat assessment and notification of the results, and issuance of the TWIC to the applicant. Applicants may pre-enroll online to enter all of the biographic information required for the threat assessment and make an appointment at the enrollment center to complete the process (although appointments are not required). Then, applicants must visit the enrollment center where they will pay the enrollment fee, complete a TWIC Application Disclosure Form (attachment available only in PDF or online at http://www.tsa.gov/assets/pdf/twic_applicant_disclosure_form_2212.pdf), provide biographic information and a complete set of fingerprints, and sit for a digital photograph. The applicant must bring identity-verification documents to enrollment and in the case of aliens, immigration documents that verify their immigration status, so that the documents can be scanned into the electronic enrollment record.
Although TSA will use both fixed and mobile enrollment stations, their locations are not listed until application is made online. Generally, the port authority address is the location to apply in person. Thus, TSA recommends that applicants apply online at https://twicprogram.tsa.dhs.gov/TWICWebApp/ or contact the Captain of the Port where they wish to apply. A pre-enrollment process is encouraged, allowing applicants to provide much of the required biographical information; select a center where they wish to complete enrollment; and, to make an appointment to complete enrollment at the center of their choice.
Permanent disqualifying criminal offenses (Unlimited look back). An applicant has a permanent disqualifying offense if convicted, or found Înot guiltyÌ by reason of insanity, in a civilian or military jurisdiction of any of the following felonies:
- Espionage or conspiracy to commit same
- Sedition or conspiracy to commit same
- Treason or conspiracy to commit treason
- Federal crime of terrorism as defined in 18 U.S.C. 2332b(g), or a comparable state law, or conspiracy to commit such crime
- Crime involving a transportation security incident, i.e., a security incident resulting in a significant loss of life, environmental damage, transportation system disruption, or economic disruption in a particular area, as defined in 46 U.S.C. 70101 (A work stoppage, or other nonviolent employee-related action, resulting from an employer-employee dispute is not a transportation security incident.)
- Improper transportation of a hazardous material under 49 U.S.C. 5124, or a comparable state law
- Unlawful possession, use, sale, distribution, manufacture, purchase, receipt, transfer, shipping, transporting, import, export, storage, or dealing in an explosive or explosive device. An explosive or explosive device includes, but is not limited to, an explosive or explosive material as defined in 18 U.S.C. 232(5), 841(c) through 841(f) and 844(j); and, a destructive device, as defined in 18 U.S.C. 921(a)(4) and 26 U.S.C. 5845(f).
- Making any threat, or maliciously conveying false information knowing the same to be false, concerning the deliverance, placement, or detonation of an explosive or other lethal device in or against a place of public use, a state or government facility, a public transportation system, or an infrastructure facility
- Violations of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. 1961, et seq., or a comparable state law, where one of the predicate acts found by a jury or admitted by the defendant consists of one of the crimes listed herein
- Attempt to commit the crimes cited in items (1) through (4) of this section
- Conspiracy or attempt to commit crimes cited in items (5) through (10) of this section
Applicants can appeal citations related to (5) through (12) by submitting a waiver request.
Interim disqualifying criminal offenses. Felonies listed in the following section as (i) through (xv) are disqualifying, if either: (a) the applicant was convicted, or found Înot guiltyÌ by reason of insanity, of the crime in a civilian or military jurisdiction within seven years of the date of application; or, (b) the applicant was incarcerated for that crime and released within five years of the date of TWIC application. Interim disqualifying felonies are:
(i) Unlawful possession, use, sale, manufacture, purchase, distribution, receipt, transfer, shipping, transporting, delivery, import, export, or dealing in a firearm or other weapon. A firearm or other weapon includes, but is not limited to, firearms as defined in 18 U.S.C. 921(a)(3) or 26 U.S.C. 5 845(a), or items contained on the U.S. Munitions Import List at 27 CFR 447.21.
(iii) Dishonesty, fraud, or misrepresentation, including identity fraud and money laundering where the money laundering is related to a crime cited herein as a permanent or interim disqualifying offense. (Welfare fraud and passing bad checks do not constitute dishonesty, fraud, or misrepresentation for purposes of this paragraph.)
(vi) Immigration violations
(vii) Distribution, possession with intent to distribute, or importation of a controlled substance
(ix) Kidnapping or hostage taking
(x) Rape or aggravated sexual abuse
(xi) Assault with intent to kill
(xiii) Fraudulent entry into a seaport as described in 18 U.S.C. 1036, or a comparable state law
(xiv)Violations of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. 1961, et seq., or a1036, or a comparable state law, other than violations listed in the aforementioned item (10)
(xv) Conspiracy or attempt to commit the crimes cited herein as interim disqualifying felonies
Under want, warrant, or indictment. An applicant who is wanted, or under indictment, in any civilian or military jurisdiction for a felony cited herein is disqualified until the want or warrant is released or the indictment is dismissed.
More information can be obtained by visiting the TWIC website at www.tsa.gov/twic or by calling 866/347-TWIC (8942). Available Monday through Friday from 8:00 a.m. until 12:00 a.m. EST, the TSA TWIC Program Help Desk can be reached at 866/DHS-TWIC (866/347-8942). USCG’s TWIC Help Desk can be contacted at 877/MTSA-AID. E-mail correspondence can be sent to [email protected].
OSHA VIOLATIONS FOR 2007
The Occupational Safety and Health Administration reports the following top 10 violations for concrete producers during a 12-month period from November 2006 through November 2007, listed in the order of most citations issued:
|2||Confined space entry||1910.146|
|4||Powered industrial trucks (forklifts)||1910.178|
|8||Guarding floor and wall openings and holes||1910.23|
|9||Overhead and gantry cranes||1910.179|
|10||Abrasive wheel machinery||1910.215|
|2||Occupational noise exposure||1910.95|
|3||Mechanical power-transmission apparatus (guarding)||910.2191|
|4||Confined space entry||1910.146|
|5||Guarding floor and wall openings and holes||1910.23|
|10||Powered industrial trucks (forklifts)||1910.178|
Lockout/Tagout remains the top citation for both concrete products categories. To combat the problem, producers are advised to ensure that LOTO procedures are carefully prescribed and painstakingly followed Û and that locks are clearly labeled. Training records should be kept up to date by documenting annual refresher training.
Note that while hazard communication remains in the top three for concrete products, it has dropped to 12th place for concrete brick and block: the basis for this discrepancy is unknown. To combat HazCom violations, producers should keep training records current, review the HazCom program annually and keep it up to date, make current MSDSs available to all personnel, and correctly label all containers.
Perhaps, a block machine’s conspicuous power and presence unduly attract the attention of OSHA inspectors, since the first three items for 3271 [Concrete Brick and Block] target the machinery. Recurring 3271 citations involve LOTO, noise, and two machine-guarding standards. Block producers continue to struggle with the challenges of enclosing the machine to reduce noise, as well as guarding while maintaining machine access for operational monitoring and maintenance.