Effective August 1, 2026, Act 682 of the 2026 Louisiana Legislative Session significantly changed the criminal background check requirements for companies operating in Louisiana's Life Safety and Property Protection industry. While the legislation eliminates the Office of State Fire Marshal (OSFM) background check requirement for most Property Protection employees, it does not eliminate an employer's responsibility to make informed hiring decisions and ensure employees are suitable for the work they perform.

For years, Louisiana required individuals applying for Property Protection endorsements to undergo criminal background checks as part of the licensing process. These requirements applied to employees working in Security, Locksmith, Door Hardware, and related Property Protection classifications. Under Act 682, that requirement has been narrowed considerably.

Beginning August 1, 2026, only principals, officers, and designated qualifiers of firms holding Property Protection endorsements are required to undergo an OSFM criminal background check at the time of initial application. Individual Property Protection employees are no longer required to undergo an OSFM criminal background check as part of their licensing process, regardless of their endorsement classification. This includes technicians, sales personnel, and apprentices.

The legislation also removed the previous criminal background check requirement for Property Protection temporary apprentices. The OSFM has confirmed that the statutory language requiring a criminal record check with an application for a Property Protection endorsement was specifically removed by Act 682.

For employees holding Life Safety endorsements, nothing has changed. Individuals licensed in Fire Alarm, Fire Sprinkler, Fixed Fire Suppression, Portable Fire Extinguishers, and other Life Safety classifications were not previously required to undergo OSFM criminal background checks. Act 682 did not introduce any new background check requirements for these employees.

One important distinction is that the elimination of a background check requirement does not eliminate the need for applicable licensing, endorsements, training, or other qualifications. Property Protection employees must still comply with the licensing and endorsement requirements applicable to the work they perform.

Act 682 also establishes a new licensing exemption for certain employees who work remotely from outside Louisiana. Employees of a licensed firm who sell, program, or provide technical support remotely while physically located outside the state may qualify for this exemption if they meet the statutory conditions.

Unlike other employees who are no longer subject to an OSFM background check requirement, these qualifying out-of-state remote employees must pass a criminal background check privately conducted by their employer. The check must verify that the employee has not been convicted of a felony, received a first-time offender pardon for a felony, or entered a plea of guilty or nolo contendere to a felony charge within the previous ten years.

The OSFM has clarified that it does not prescribe a specific background check provider, screening method, or additional procedures for these privately conducted checks. However, the agency retains statutory authority to conduct its own criminal history verification and inspect applicable employer records. Firms should maintain documentation demonstrating compliance for five years and be prepared to provide those records if requested by the OSFM.

Perhaps the most significant change for Louisiana Property Protection companies is the shift in responsibility for employee screening. Previously, the OSFM criminal background check was a required part of the licensing process for Property Protection employees. With that requirement removed, companies must determine what screening procedures are appropriate for the individuals they employ.

The OSFM has emphasized that it does not regulate or recommend general background check procedures for employees whose endorsements do not require an OSFM criminal background check. The agency's authority is limited to administering and enforcing the applicable licensing laws and regulations. As a result, each licensed firm is responsible for establishing its own hiring and screening practices.

This distinction is especially important in the Life Safety and Property Protection industry. Technicians and other employees routinely enter private residences, schools, healthcare facilities, financial institutions, and commercial buildings. They may have access to security system codes, surveillance equipment, access control credentials, confidential business information, and areas of a property that are not accessible to the general public.

In residential settings, employees may work around children, elderly residents, or other vulnerable individuals. In commercial environments, they may encounter sensitive financial information, employee records, proprietary business information, or restricted areas. These circumstances make employee screening an important business consideration, even when a criminal background check is not specifically required for licensing.

The OSFM has made clear that the removal of its criminal background check requirement does not relieve firms of responsibility for the employees they hire. Companies assume responsibility for the risks associated with their hiring decisions, including risks that may arise from an employee's criminal history. Each firm must determine whether an individual is qualified and suitable for the position and responsibilities assigned.

For business owners, this creates an opportunity to review existing hiring procedures. Companies may wish to evaluate whether their screening practices are appropriate for employees who enter customer properties, have access to security credentials, or work in sensitive environments. Depending on the position, screening policies might include criminal history checks, employment verification, reference checks, and other lawful measures appropriate to the employee's duties.

Employers should also ensure that any screening procedures comply with applicable federal and state employment laws, including requirements governing consent, privacy, and the use of consumer background reports. Companies considering changes to their hiring policies should consult qualified employment or legal professionals when necessary.

The OSFM has also confirmed that it is updating the administrative rules governing Life Safety and Property Protection licensing. Once promulgated, the updated rules will be published on the agency's website. At this time, the OSFM has not determined whether it will issue a separate licensing memorandum addressing Act 682. Any additional guidance provided by the agency will be communicated through LLSSA.

For Louisiana's Life Safety and Property Protection industry, the message is clear: Act 682 changes who must undergo a criminal background check through the OSFM, but it does not transfer responsibility for employee suitability away from the employer. A state-issued license or endorsement should not automatically be interpreted as confirmation that an employee has passed a criminal background check.

Licensed firms should review their hiring procedures, understand which individuals remain subject to mandatory background checks, and ensure they are meeting the requirements applicable to their operations. Maintaining appropriate employment practices helps protect customers, employees, and the reputation of the industry.

LLSSA encourages members to familiarize themselves with Act 682 and monitor updates from the Louisiana Office of State Fire Marshal as revised licensing rules become available.