Industrial Safety Training Council and Safety Council Security Consortium August 29, 2007 - PowerPoint PPT Presentation

Loading...

PPT – Industrial Safety Training Council and Safety Council Security Consortium August 29, 2007 PowerPoint presentation | free to download - id: 40d345-MDEyM



Loading


The Adobe Flash plugin is needed to view this content

Get the plugin now

View by Category
About This Presentation
Title:

Industrial Safety Training Council and Safety Council Security Consortium August 29, 2007

Description:

Industrial Safety Training Council and Safety Council Security Consortium August 29, 2007 Robert R. Belair Oldaker, Biden & Belair Washington, DC – PowerPoint PPT presentation

Number of Views:50
Avg rating:3.0/5.0
Slides: 16
Provided by: Kathleen257
Learn more at: http://safetycsc.com
Category:

less

Write a Comment
User Comments (0)
Transcript and Presenter's Notes

Title: Industrial Safety Training Council and Safety Council Security Consortium August 29, 2007


1
Industrial Safety Training Council and Safety
Council Security ConsortiumAugust 29, 2007
  • Robert R. Belair
  • Oldaker, Biden Belair
  • Washington, DC
  • (202) 496-3445
  • BBelair_at_obblaw or bobbelair_at_aol.com

2
Regulating Security at Chemical Facilities
  • 2002 The President signs into law the Maritime
    Transportation Security Act, requiring personnel
    surety at the nations ports.
  • 2006 The President signs into law the Department
    of Homeland Security (DHS) Appropriations Act of
    2007
  • Requires DHS to issue regulations on chemical
    facility security standards
  • 2006 The President signs into law the Security
    and Accountability for Every Port Act (SAFE Port
    Act)
  • The SAFE Port Act implements the security
    provisions of the Maritime Transportation
    Security Act of 2002
  • Requires TSA and the Coast Guard to issue
    regulations implementing the Transportation
    Worker Identification Credential (TWIC)

3
TSA / Coast Guard TWIC Implementation
  • March 26, 2007 TSA / Coast Guard issues a Final
    Rule on TWIC implementation
  • Covers unescorted access to secure areas at
    maritime facilities
  • Coast Guard Captains of the Port will determine
    which facilities must comply with TWIC within
    each of their respective zones
  • Facilities which are not required to implement
    TWIC cannot choose to voluntarily implement TWIC
  • States are not preempted from instituting their
    own personnel surety requirements but these
    requirements must be in addition to, not instead
    of, TWIC

4
TSA / Coast Guard TWIC Implementation
  • TWIC Program Requirements
  • Facility owners have the discretion to designate
    all or part of their facility as a secure area
    requiring a TWIC (subject to Coast Guard
    approval)
  • All individuals must have a TWIC or be escorted
    by someone who has a TWIC within the designated
    secure areas of a facility
  • Owners may obtain a TWIC for direct hires
  • Uncertainty remains as to the TWIC eligibility of
    contractor employees, temporary employees, and
    others who require access but are not direct hires

5
TSA / Coast Guard TWIC Implementation
  • To Obtain a TWIC
  • Application
  • Fees
  • Security Threat Assessment
  • Criminal history screening (reliant on HAZMAT
    standards)
  • Immigration / Residency status
  • Terrorist screening
  • Biometric-based identification
  • Renewal every 5 years

6
TSA / Coast Guard TWIC Implementation
  • The Plan
  • July 1, 2007 was the deadline for the initial
    rollout of TWIC at the 10 top priority ports
  • January 1, 2008 is the deadline for the second
    phase of TWIC implementation at the next 40 top
    priority ports
  • September 25, 2008 is the deadline for all U.S.
    ports to be in compliance with TWIC
  • The Reality
  • The Port of Delaware is the only port expected to
    implement TWIC during 2007

7
DHS Chemical Regulations
  • April 2, 2007 DHS issued Interim Final
    Regulations on Chemical Facility Anti-Terrorism
    Standards (DHS Chemical Regulations)
  • Establishes risk-based performance standards for
    personnel surety
  • Implementation will proceed in phases to address
    the highest security risk facilities first

8
DHS Chemical Regulations
  • Personnel Surety Requirements
  • The level of screening for employees and
    contractors will be commensurate with the risk
    status of the facility and with the level of
    access provided
  • Facilities may continue current background
    checking procedures if the process satisfies
    performance standards with regards to
  • Verification and validation of identity
  • Criminal history
  • Legal authority to work in the U.S.
  • Screening for terrorist ties

9
DHS Chemical Regulations
  • Alternative Security Programs (ASPs)
  • DHS may allow a facility to retain or to
    implement its own program if it provides an
    equivalent level of security as imposed by the
    DHS Chemical Regulations
  • DHS has expressed a commitment to capitalizing on
    the investment made by facilities to develop
    their own security plans

10
DHS Chemical Regulations
  • Implementation
  • DHS has yet to publish a final Appendix A,
    containing a list of chemicals, the possession of
    which will trigger compliance requirements under
    the DHS Chemical Regulations
  • Once the final list is released (or DHS publishes
    an independent timeline), a facility will have
  • 60 days to complete a Top Screen
  • 90 days to perform a Security Vulnerability
    Assessment
  • 120 days to submit a Site Security Plan

11
ISTC/SCSC Petition to DHS
  • May 4, 2007 ISTC/SCSC submitted a petition to
    DHS seeking a determination that
  • The ISTC/SCSC may submit applications on behalf
    of member chemical facilities for approval of the
    ISTC/SCSC background checking process as an ASP
    under the DHS Chemical Regulations
  • The ISTC/SCSC background checking process should
    be the preferred approach over TWIC at chemical
    facilities regardless of whether or not the
    facility has a pier

12
Weighing Personnel Surety Options
  • ISTC/SCSC Process TWIC
  • Robust Limited
  • Nuanced Pass-fail only
  • Timely Slow response times
  • Privacy-sensitive National ID card?
  • Inexpensive Costly

13
The Political Environment
  • Recent congressional hearings have been highly
    critical of TWIC implementation
  • On April 26th The House Homeland Security
    Subcommittee on Border, Maritime, and Global
    Counter-terrorism held a hearing to review the
    SAFE Port Act
  • On July 12th The House Transportation and
    Infrastructure Subcommittee on Coast Guard and
    Maritime Transportation held a hearing to review
    TWIC

14
Congressional Support
  • Representative Ted Poe (R-TX)
  • The Congressman sent a letter to DHS Secretary
    Michael Chertoff seeking a determination that the
    ISTC process should be recognized as an ASP under
    the DHS Chemical Regulations
  • Senator Kay Bailey Hutchison (R-TX)
  • The Senator supports the letter from Congressman
    Poe and is pursuing alternative avenues to
    further clarify the regulatory requirements that
    will apply to chemical and refining facilities in
    Texas

15
Next Steps
  • Continuing DHS outreach
  • TSA / Coast Guard outreach
  • Congressional outreach
  • Coast Guard Reauthorization
  • DHS Appropriations
  • House Homeland Security Committee chemical
    security legislation
About PowerShow.com