2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 102 - FIRE PREVENTION AND INVESTIGATION (§§ 68-102-101 — 68-102-603) › Part 3 - FIRE DEPARTMENT RECOGNITION ACT (§§ 68-102-301 — 68-102-309) › Section 68-102-308 - Background checks on fire protection personnel

(a)
As used in this section, unless the context otherwise requires:
(1)
"Employer" means public, private or volunteer fire agencies, as well as fire prevention and investigation bureaus of a local jurisdiction; however, "employer" shall not include the state fire marshal's office or any division or section of the state fire marshal's office;
(2)
"Employment" means paid employment by a public or private fire department, as well as membership in a volunteer fire department; and
(3)
"Fire protection personnel" means any paid or volunteer member or applicant of a fire department or fire prevention bureau or division, such as firefighters, fire department officers, fire inspectors, fire investigators, and administrative assistance personnel.
(b)
As a condition of employment of any paid or volunteer fire protection personnel, employers may initiate a criminal background check on any applicant for employment, or on any fire protection personnel currently employed by the employer.
(1)
Departments that elect to conduct criminal background checks shall establish a policy addressing when a criminal background check may be conducted on a currently employed member.
(2)
Criminal background check reports shall be maintained for the duration of employment plus one (1) year. Access to the contents of a criminal background check shall be limited to the department head, human resource officer, and the employee's supervisor. The criminal background check shall not become part of the employee's personnel file.
(c)
Fire protection personnel shall:
(1)
Provide past work history and personal references to be checked by the employer;
(2)
[Deleted by 2023 amendment.]
(3)
Agree to the release of information required for a criminal background investigation by a professional background screening organization or criminal background check services or registry; and
(4)
When seeking employment with a public fire agency, supply a fingerprint sample and submit to a criminal history records check to be conducted by the Tennessee bureau of investigation, the federal bureau of investigation, another law enforcement agency, or another legally authorized entity.
(d)
Any cost incurred by the Tennessee bureau of investigation, federal bureau of investigation, professional background screening organization, law enforcement agency or other legally authorized entity in conducting investigations of fire protection personnel shall be paid by the employer. An employer may require the applicant or employee to reimburse the employer for the costs, at the option of the employer. Payments of the costs to the Tennessee bureau of investigation are to be made in accordance with §§
38-6-103
and
38-6-109
.
Amended by 2023 Tenn. Acts, ch. 433, s 6, eff. 5/11/2023.
Amended by 2022 Tenn. Acts, ch. 977, s 3, eff. 5/3/2022.
Acts 2006, ch. 599, § 1; 2007 , ch. 323, § 1.