Can You get a hazmat with a felony?

Can You Get a Hazmat With a Felony?

Working with hazardous materials (hazmat) can be a rewarding and challenging career, but it requires specialized training and a thorough background check. If you have a felony conviction on your record, you may be wondering if you’re eligible to work with hazmat. In this article, we’ll explore the answer to this question and provide you with a comprehensive overview of the process.

Direct Answer:

No, you cannot get a hazmat job with a felony conviction in most cases. The United States Department of Transportation (DOT) and the Occupational Safety and Health Administration (OSHA) have strict guidelines regarding the eligibility of individuals with felony convictions to work with hazmat.

Background Check Requirements:

Before we dive into the specifics, it’s essential to understand the background check process. The Federal Motor Carrier Safety Administration (FMCSA) and the Pipeline and Hazardous Materials Safety Administration (PHMSA) require hazmat employers to conduct a thorough background check on all applicants, including a search of criminal records.

The background check process typically includes:

• FBI Fingerprint Check: The applicant’s fingerprints are sent to the FBI for a national criminal history check.
• State and Local Criminal Record Check: A check of the applicant’s criminal record in the states and local jurisdictions where they have lived.
• Credit Check: A review of the applicant’s credit history.

Felony Convictions and Hazmat Eligibility:

Section 382.215 of the Federal Motor Carrier Safety Regulations (FMCSRs) states that an individual with a felony conviction within the past 5 years (or 10 years for certain crimes) is not eligible to transport hazardous materials. Similarly, Section 172.704 of the Hazardous Materials Regulations (HMR) prohibits individuals with felony convictions from performing hazmat duties.

Exceptions to the Rule:

While a felony conviction generally disqualifies an individual from working with hazmat, there are some exceptions:

• Pardoned or Expunged Felony Convictions: If the felony conviction has been pardoned or expunged, the individual may be eligible to work with hazmat.
• Rehabilitation: In some cases, the FMCSA or PHMSA may consider an individual’s rehabilitation and determine that they are eligible to work with hazmat.

Types of Felony Convictions:

Not all felony convictions are created equal when it comes to hazmat eligibility. The FMCSA and PHMSA have different guidelines for various types of felony convictions:

• Violent Crimes: Felony convictions related to violent crimes, such as assault, battery, or homicide, typically disqualify an individual from working with hazmat.
• Property Crimes: Felony convictions related to property crimes, such as theft, fraud, or drug-related offenses, may be considered on a case-by-case basis.
• Non-Violent Crimes: Felony convictions for non-violent crimes, such as tax evasion or drug possession, may be eligible for consideration.

What Can You Do?

If you have a felony conviction and are interested in working with hazmat, there are a few options to consider:

• Appeal the Decision: If you’re denied a hazmat job due to a felony conviction, you can appeal the decision to the FMCSA or PHMSA.
• Pursue a Related Career: While you may not be eligible to work with hazmat, you may be able to find a related career in the industry, such as safety or security.
• Work towards Rehabilitation: If you’re determined to work with hazmat, focus on rehabilitation and work towards a clean record.

Conclusion:

In conclusion, having a felony conviction makes it extremely difficult to get a hazmat job. The FMCSA and PHMSA have strict guidelines in place to ensure public safety, and felony convictions are a significant concern. While there may be some exceptions, it’s essential to understand the process and requirements before applying for a hazmat job. By understanding the rules and regulations, you can make an informed decision about your career path.

Table: Hazmat Eligibility Requirements

Bullets List: Hazmat Background Check Process

• FBI Fingerprint Check
• State and Local Criminal Record Check
• Credit Check

Important Points:

• Background Check: A thorough background check is required for all hazmat applicants.
• Felony Convictions: A felony conviction within the past 5 years (or 10 years for certain crimes) typically disqualifies an individual from working with hazmat.
• Exceptions: Pardoned or expunged felony convictions, or rehabilitation, may be considered for hazmat eligibility.
• Types of Felony Convictions: Violent crimes typically disqualify an individual, while property crimes may be considered on a case-by-case basis. Non-violent crimes may be eligible for consideration.