by John Bisney
If you’re involved in marine or port operations in the oil and natural gas industry, some, if not many, of your workers will soon need to carry a new identification card issued by the federal government.
Known as the Transportation Worker Identification Credential, or TWIC, the card’s broad goal is to help secure the nation’s maritime transportation system. Port employees, longshoremen, mariners, truckers or anyone else who needs unescorted access to secure areas of U.S. ports or offshore facilities will need one. The ID will also be required for vessels regulated under the Maritime Transportation Security Act (MTSA) and for all U.S. Coast Guard credentialed merchant mariners.
Enrollment for the program was to originally begin in March 2007, and later July, but the government postponed implementation until the fall.
Officials say the delay is necessary to ensure that the network behind the system is functional, secure and integrated, and won’t disrupt commerce. Such a program has never been implemented with a population as large and mobile as truck drivers, port workers and maritime employees. The program is being handled jointly by the Department of Homeland Security’s Transportation Security Administration (TSA) and the U.S. Coast Guard. The tamper-resistant card will include a digital photo,
a biometric identifier inked to a fingerprint and a
barcode, and will be valid for five years. Applicants
will have to provide identification documents and complete
a security threat assessment form. Most felons, anyone
connected to terrorist activity and illegal aliens will
be disqualified.
TSA estimates some 750,000 workers will need a TWIC, but Rob Ream, U.S. Regional Security Advisor for Shell Corporate Security and vice-chairman of API’s Security Committee, believes it could be almost twice that number. “I don’t think the government has adequately considered the migrant turn-around workforce—the contractors who move from site to site.”
Each card will cost $137.25, although workers with comparable background checks including a hazardous materials endorsement on a commercial driver’s license, merchant mariner document or Free and Secure Trade credential will pay $105.25.
Although the card may eventually be expanded to cover other industry sectors, Congress mandated that it will be used first to help secure ports. Ream explains that’s how the oil and natural gas industry got involved.
“The TWIC requirement was in the 2002 MTSA after 9/11, but nothing happened until a year ago following the uproar over plans by Dubai World Ports to manage six major U.S. ports,” says Ream. “That led to a new regulation last year that I don’t believe Congress intended to affect our industry. Still, the final language looped in a number of refineries, terminals and distribution points, so we’re included in the first wave.”
“We still don’t have a clear start date,” says Ream. “What we do have is a NVIC (Navigation and Vessel Inspection Circular) from the Coast Guard issued in July—which is the Guard’s guidance document on the implementation of TWIC. That has allowed us to more clearly understand the footprint and impact of TWIC, what our options are in trying to negotiate a reduction in that footprint with the Coast Guard and a clearer understanding of what the government’s expectations are.”
Ream says postponing the start date has also caused some budget headaches. “One of our biggest concerns as we plan for our 2008 budget is we don’t know which ports will require the card in what order. The problem is that the impact of TWIC at our facilities, whether it’s an offshore platform, a refinery or distribution terminal, will be a unique application and a unique planning solution—and not knowing which will go first has been challenging at best.”
As a result, Ream says, affected companies are developing planning scenarios based on what a “generic” plan might look like for the various types of facilities covered by the new rules. “Basically we’re in a holding pattern waiting for the start date.”
Yet, Ream notes some positives as well, calling the NVIC a very well written document. “It’s very significant that it was a negotiated document in the sense that the Coast Guard sought out active engagement from our industry and the chemical industry in drafting it. We met with the Coast Guard many times to discuss it, and I think generally speaking, it’s a workable document for the industry.”
He acknowledges some surprise that tank farms are still covered in the NVIC. “We had proposed that they be excluded if there is no maritime nexus. Take the example of a co-located barge dock, tank farm and truck rack. The fuel comes in by barge, is loaded into the tanks and then onto trucks for retail delivery. We had hoped we could apply TWIC to the maritime component, but not to the tank farm and truck rack. But the Coast Guard wants TWIC applied to all, because an act of sabotage at the tank farm could impact the maritime transportation system.”
Even so, says Ream, the TSA has given new flexibility in excluding truck rack operations, although that must be negotiated with each local captain of the port. “For example, say a large facility has 250 truck drivers a day. It would be quite a burden for all of those drivers, who don’t work for us, to get a TWIC—especially since they already have a hazardous material endorsement on their commercial driver licenses. And the background checks are identical. Many of us are pursuing discussions with our captains of the port to exclude truck rack operations.”
Ream remains concerned about what the delay in beginning registration will mean down the line. “The full compliance date of September 25, 2008 has not changed. So we’re seeing a compression of the timeline. The TSA could slide the 2008 date, but so far that hasn’t happened. I estimate I have 15,000 people that will need cards at Shell alone. It just becomes a taller mountain for us to climb.”
And although implementing such a major program will inevitability mean some headaches, Ream acknowledges it also has several advantages. “Initially we were quite skeptical since many API member companies have enterprise-wide access control systems, and this was seen as a complicating factor instead of an enhancement. But the more we’ve gotten into it, we’ve realized that the TWIC has the potential to do some really good things for us as an industry.”
“First, it provides an excellent identity verification process because of the fingerprint biometric. Second, it helps us with a problem we’ve been struggling with—how to ensure the contractors we hire are doing good background checks. The government, for example, will search out felony convictions which would show us that a person could be a threat to our employees or facilities. And it provides immigration verification. While terrorism is a concern, we also want to avoid using contractors who hire illegal aliens. The TWIC takes this out of our hands.”
The cards will be issued to individuals, not companies, so anyone—even a permanent resident alien—can apply and receive one without even the prospect of a job. In fact, notes Ream, employers might require getting a TWIC before applying. The only exception is for foreign nationals, he added. “Shell is a Dutch company, and we have Dutch, German and English engineers in the U.S. on visas. Shell will have to sponsor them.”
That’s one area where the compressed compliance schedule could cause problems, according to Ream. “The industry uses a lot of foreign nationals in offshore environments, such as technical specialists from Europe and labor from the Philippines—but because they’re not U.S. citizens, obtaining a TWIC will require both a longer process and endorsement by the host company/employer.”
Ream notes the impact will be significant for contractors, since their employees can’t always know in advance whether they’ll be working in a TWIC-restricted area. It means many will need to obtain the credential to remain as flexible as possible.
“It does create a divided workforce, since those without a TWIC won’t be allowed to work in controlled areas, and a number of companies perform work inside and outside of regulated facilities. It also raises the question of whether a TWIC will be seen at non-regulated facilities as evidence of an acceptable background check, since it’s only intended for use at regulated facilities. The API Security Committee has discussed this issue at length, but it’s ultimately up to each member company to decide whether to honor it in both situations.”
For now, security personnel will only eyeball the cards. Although card readers are coming, concerns about how well fingerprint readers will work, especially in a marine environment, have delayed implementation. “On an oil platform in the Gulf of Mexico,” says Ream, “you’re talking about temperature extremes from freezing to 110 degrees, 100 percent humidity and saltwater. Add to that greasy hands, and we’re not certain yet that this technology can function in our environment.”
Nevertheless, TWIC cards will work with some port access control systems now used, and the Coast Guard will conduct unannounced checks of the cards while visiting facilities and vessels using handheld readers. Rules are expected to be developed later this year on eventually adding facility access readers.
Ream stressed the cards will not automatically grant all card bearers access into any facility. Each plant must still grant access to employees and other authorized individuals, based on having a valid card. “So it doesn’t mean that 1.2 million people will be able to get into my plant—the facility retains control. And if you show up with a TWIC, we’ll be able to go onto the TSA website and verify that your card is still valid.”
In addition, Ream says the Coast Guard has been very cooperative in ironing out a few wrinkles. Among them: provisions for new hires who have applied for, but not yet received, their card; for an employee who forgets it; and for those who report their TWIC as lost, damaged or stolen (the replacement cost will be $60).
TSA will be able to issue a waiver for someone who turns up with a past problem, he added. “What about the 20-year employee who was convicted of a disqualifying offense but served his time? He may have become a welder in prison and has been a model employee, but is denied a TWIC because of his background.”
Issuing centers will be located around the country, and getting a TWIC will require two trips—the first to present background documents and be fingerprinted, then a return visit to get the card, based on comparing fingerprints. The process will begin in Wilmington, Delaware and spread to other ports over the next 15 months, with Houston, Texas scheduled to be next.
“TSA is already suggesting they’d like to
expand this to the pipeline industry
—and to chemical plants,” says Ream. “Our
perspective is, if so, let’s at least use the
TWIC and not have yet another ID card!”
The TSA website has more information at www.tsa.gov
(Click on “What We Do” and then click “TWIC.”)
Questions regarding enrollment may be asked at 866-347-8942,
while all other TWIC questions should be directed to 877-687-2243. |
