New Security Program Would Require Background Checks for Workers

With the need to boost security at construction sites, the Port Authority of New York & New Jersey is developing a new program that would require background checks for construction workers, as well as other reforms.

By Natalie Keith

In the wake of Sept. 11, the Port Authority of New York & New Jersey plans to implement new security procedures and other reforms that would include required background checks for construction workers.

The Port Authority outlined details of the still-developing program at the Building Trades Employers' Association Safety Conference annual trade show and awards luncheon in November. The theme of the conference was "Construction Safety & Security: New Standards, New Realities."

"These are far-reaching reforms and issues that will affect everybody in the industry," said Robert McGuire, a former New York City police commissioner who moderated a panel on the subject at the conference.

James Ellington, Port Authority general manager of security programs, presented a draft report of the new security program, which the agency calls the "contractor personnel assurance program." One of the things required in the program is background checks for workers dealing with "security sensitive information."

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Workers convicted of certain crimes, such as murder or terrorism, would be prevented from participating in select aspects of a job, Ellington said.

Many details about how the program would be implemented have not yet been established, but it would include a database that contains security information about construction workers. The Port Authority would use a single firm - which has not yet been selected - to conduct the background checks.

Ellington said the agency is seeking input - and support - from contractors, unions and others in the industry.

"This is a draft program," he added. "We are in the preliminary stages of discussion."

The Port Authority issued construction contracts worth $1.1 billion in 2002 and $598 million in 2003. In 2004, it plans to issue $500 million in contracts. The agency also has a $500 million security capital program that will be implemented through 2007, which Port Authority security program manager Michael Valletta outlined during the conference.

To safeguard Port Authority construction sites, the agency must change the way it conducts business, such as restricting the access to bid documents when they contain sensitive information, Ellington said.

Louis Coletti, BTEA president and CEO, called the reforms "one of the most significant changes to the way we've done business in my lifetime."

"The Port Authority may be the first to do something like this, but there are other agencies looking at it and private entities looking at it," Coletti added. "It's the beginning of a process, but it's a process that we're going to have to get used to."

The Port Authority's proposal sparked debate among conference attendees, many of whom raised issues that could surface as a result of increased security measures.

McGuire, the former police commissioner, raised the issue of illegal immigrants and day laborers who work on construction sites.

"When you do background checks, you're going to discover that they don't have green cards," he added.

William Shuzman, of the Allied Building Metals Industries, said there are about 100,000 construction workers in New York City. He questioned how the Port Authority would handle background checks for employees who live outside the New York area. He also questioned what an employer would do if an employee failed a background check.

"This is a monumental task," Shuzman said.

Robert Ledwith, business manager with Local 46, said personal liberties are at stake.

"In all the conversations, I don't hear the words 'liberty' or 'freedom,'" he said. "There is a need to go forward with security but we better remember that our rights are involved."

After the panel discussion, the BTEA issued its 2003 Safety Excellence Awards.

• In the commercial category, winners were Regional Scaffolding & Hoisting Co. Inc. for Goldman Sachs, Tishman Construction Corp. for Borgata Hotel and Casino & Spa and Universal Builders Supply Inc. for Time Warner Center.
  
• In the environmental category, winners were International Union of Operating Engineers, Local 14-14B for National Homeland Security Division, and NYC District Council of Carpenters Labor Technical College for Ongoing Member Safety Training.
  
• In the infrastructure category, the winner was Bovis Lend Lease LMB for Amtrak Emergency Collapse Stabilization & Repair.
  
• In the institutional category, the winner was Turner Construction Co. for 330 Jay Street/12 Metro Tech Center.
  
• In the residential category, the winner was HRH Construction LLC for Riverside South Building A.
  
• In the corporate safety program, the winners were AMEC Construction Management Inc. for National OSHA Partnership; Champion Metal & Glass Inc. for Gaylans Sports & Outdoor Adventure; Heritage Mandell Mechanical Services for Time Warner Center Mandarin Hotel; Structural Ironworkers Local Unions 40 & 361 Joint Apprentice Committee for Commitment to Worker Safety & Health Protection; and Plaza Construction Corp. for Morgan Stanley enclosure, infrastructure upgrade.

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