AB 1289: Transportation Network Companies Must Be NAPBS Accredited.

Transportation Network Companies Must Be NAPBS Accredited Under Assembly Bill 1289

Through Assembly Bill 1289, otherwise known as AB 1289, the California Public Utilities Commission (CPUC) has now required Transportation Network Companies (TNC) such as Uber and Lyft to only utilize background screening companies that have been accredited by the National Associations of Professional Background Screeners (NAPBS) when providing new hire background checks.

With the passing of AB 1289 in September of 2016, Transportation Network Companies are required to comply with a three-part background protocol:

1. Transportation Network Companies or a third party working on the TNC’s behalf must perform a search of a multi-state and multi-jurisdiction criminal records locator or other similar commercial nationwide database with validation, and conduct a search of the United States Department of Justice National Sex Offender Public Web site.
2. Transportation Network Companies may not contract with, employ, or retain persons currently registered on the Department of Justice National Sex Offender Public Web site; or convicted of either a violent felony or a violation of Penal Code §§ 11413, 11418, 11418.5, or 11419.
3. Transportation Network Companies may not contract with, employ, or retain persons convicted of any of the following offenses within the previous seven years: misdemeanor assault or battery; domestic violence offense; driving under the influence of alcohol or drugs; a felony violation of Elections Code § 18540, or Penal Code §§ 67, 68, 85, 86, 92, 93, 137, 138, 165, 518, 530, 18500, 484, 487(a), or 25540(b).

In addition to the requirements set forth above by AB 1289, new regulations mandate that the TNC must use a background screening vendor that has been accredited by the NAPBS:

1. Commercial background check companies employed by Transportation Network Companies must be accredited by the National Association of Professional Background Screener’s Background Screening Credentialing Council. Transportation Network Companies themselves must be accredited by the same entity if they conduct their background checks in-house.
2. Transportation Network Companies must each receive proof of accreditation of the background check company and provide proof of accreditation with any reporting that may be required by the CPUC.
3. The background screening for each TNC driver must be conducted prior to the granting of authorization to operate on the TNC’s platform and repeated at least once per year thereafter, for as long as the TNC driver is authorized to operate on the TNC’s platform. The TNC must provide proof on an annual basis of its drivers with any reporting that may be required by the CPUC.

The National Association of Professional Background Screeners (NAPBS) provides an accreditation program for Consumer Reporting Agencies (CRA) located in the United States. The accreditation has strict rules and regulations that promotes professional standards of specified requirements and measurements. The Background Screening Agency Accreditation Program (BSAAP) has been considered the “Gold Standard” when it comes to bringing national recognition to an employment background screening company like Employers Choice Screening. Our organization is committed to achieving excellence through high professional standards with accountability that results in continued institutional improvement.

The BSAAP provides a specific evaluation criteria of internal operating procedures that Employers Choice Screening, and their end-users, benefit from. Employers Choice Screening has made a commitment to maintain and deliver the highest level of industry standards for the following critical areas:

• Consumer Protection
• Legal Compliance
• Client Education
• Researcher and Data Product Standards
• Verification Service Standards
• General Business Practices

To achieve this prestigious accreditation, Employers Choice Screening must establish ongoing compliance with the accreditation standard as prepared by the Background Screening Credentialing Council (BSCC). Compliance is verified through comprehensive desk and on-site audits, all of which are completed by an independent third-party auditor. Employers Choice Screening must document each of its policies and processes as required in each of the areas within the Standard and demonstrate visible compliance with their policies to the auditor. Accreditation lasts for up to five years, and it is at the discretion of the firm if they should decide to renew their accreditation process