by Jason Morris

My twenty part series on Employment Screening 101 has come to an end! The theme of the series aside from the obvious is accuracy. Answering the question “do you conduct background checks on your employees” is usually an easy question to answer. The difficult question is “are you screening your employees properly?”

Through this series we have taken a look at most facets of a quality employment background check. We started with the first step, The Social Security Number Trace and journeyed through the different types of criminal searches. Beyond criminal records we discovered the many areas of a resume that need to be verified and ended with some very specific types of background investigations. It is hard for me to quantify which particular search is more important than the other; to me they can all be equally important depending on the job responsibilities. Albert Einstein once said “If the facts don’t fit the theory, change the facts.” It’s more important than ever to look beyond the job application and truly verify every aspect of the candidates’ history.

Every presentation I have ever given has started with a famous quote by Aldous Huxley “Facts do not cease to exist because they are ignored.” At employeescreenIQ our passion for what we do is exemplified in this quote because, we know the facts and that’s why we exist!

by Jason Morris

IQ Review is a perpetual screening program designed for our clients’ current employees. IQ Review was launched last month and the response has been overwhelming. Issues such as workplace violence and employee theft have led employers to want to expand their employment screening program to their current workforce.

While a comprehensive pre-employment background check allows you to make an informed hiring decision and reduce risk in the workplace at the time of hire, it can only provide insight into information available at the time of the background check.

For security conscious organizations, IQ™Review provides assurance that valued employees continue to represent the same professional standards and character demonstrated at the time of hire.

Services offered for IQ Review are:

• Countywide Felony and Misdemeanor Search
• Federal District Criminal Search
• National Database Criminal Record Search
• Motor Vehicle Record Check
• Sex Offender Registry
• Homeland Security Check
• Infinity Screening

For most of these searches it is only necessary to search in their current jurisdiction. Perpetual screening will become more important in the coming years as workplace violence and negligent hiring lawsuits continue to make the news!

by Nick Fishman

If you’ve been following the on-going drama of NASA’s quest to perform background checks on their contractors, I’ve got an update:  Nothing has changed . . . again.  The Ninth Circuit Court of Appeals has rejected NASA’s request to lift the injunction it imposed earlier to stop them from conducting background checks on a group of 27 contractors (full story).

It seemed that the biggest issue that the contractors had was that they didn’t think NASA should have the right to dig into their personal lives including their sexual orientation and family lives.  You wonder if NASA really needs that type of information.  Stay tuned.  We’ll keep following this soap-opera.

by Jason Morris

Ever peel an onion? I hate the saying but in many ways peeling an onion is like setting up an employment screening program for an organization. In various sections of this series, Employment Screening 101, we have discussed different services to use when screening your candidates. What we have yet to discuss are the industries where very specific services and/or process must be followed. This discussion will not be all inclusive; I will use a few examples so feel free to contact us if you need more information.

Several industries require certain services and others require very specific processes when ordering the background checks. A few of these industries include: Aviation, Transportation (DOT), Insurance, Banking, Heath care and Energy to name a few. One must be very careful to make sure all regulations are being followed and results are being adjudicated accordingly.

Some industries are quite simple. The Insurance industry requires a “lifetime search” due to the Insurance Fraud Prevention Act. This act is part of an Omnibus Crime Bill, the Violent Crime Control and Law Enforcement Act of 1994. (18 U.S.C. § 1033). For our purposes the act is specific where it does not allow work in the insurance field after conviction of a crime involving dishonesty. However, the act fails to specifically lay out these crimes. In a nutshell a very comprehensive search must be done to uncover all crimes involving dishonesty for all years since the applicant or candidate was 18 years old. The results bring up an exciting argument of preemption but that’s a topic for a later date.

In aviation there are several mandates and federal laws that must be followed. Commercial airline pilots are required to have a very specific type of background check conducted. Among a slew of screening requirements are FAA Pilot Certifications, Pilots Records Improvement Act (PRIA) Searches, National Drivers Registry (NDR) Searches and a few more. (Listing and explaining all of these would be a series on its own).

Be very careful when setting up your screening program if you are in a regulated industry. Ensure that your screening provider can develop a comprehensive program that not only keeps your workforce safe but also is in compliance with any Local, State and/or Federal Mandates.

by Jason Morris

As you know employeescreenIQ has always been on the forefront of our industry, setting trends and raising the bar in all areas of employment screening. Each year we come out with the “Top Background Screening Trends to Track” for that particular year. For the past few years a common theme has been Global Screening AKA International Screening, International Background Checks Etc.

While not a new facet of the industry, international background screening continues to gain in importance as U.S. companies open offices globally and/or recruit overseas candidates to work in the U.S.

I am not one to use clichés but one could say that we “Wrote the book on International Screening!” Last year we were asked by a major publisher to write a chapter for an upcoming book on Background Screening and Investigations. This book was just published and co-authored by myself and Nick Fishman.

Shameless plug – Book available at Amazon.com – Background Screening and Investigations – Barry Nixon and Kim Kerr.

Today, we are at an interesting crossroads for both U.S. and international screening. The advent of the internet has made access to and mobility of information easier than ever worldwide. This has resulted in great efficiencies, as well as unintended side effects, such as privacy violations and identity theft. In the U.S., these side effects have been addressed through federal and state legislation requiring a permissible use for the information and strict guidelines regarding information handling and ensuring accuracy and reliability.

Internationally, there are few standards in employment screening processes. From one country to the next, records maintenance capabilities, procedures, and rules for access vary widely. To begin with, the ability to access information in various countries is dependent on compliance with global information exchange rules for ensuring data security across international borders. One such compliance framework is the European Union’s Directive on Data Protection, which prevents the transfer of personal data to non-EU nations that do not meet the European “adequacy” standard for privacy protection. A select few U.S. companies, including employeescreenIQ, are Safe Harbor certified with the U.S. Department of Commerce to meet the requirements for international data exchange and privacy protection. (employeescreenIQ has been Safe Harbor Certified since 2004)

Companies must protect themselves from employees both foreign and domestic. Recently, A worker at HSBC’s Bangalore call centre has been arrested after being allegedly caught supplying personal details to fraudsters who went on to steal £230,000 from 16 of the bank’s UK customers. It not only happens oversees, we see it here in North America as well. A longtime Canada Post employee is accused of stealing hundreds of pieces of mail containing gift cards, cheques, CDs and DVDs over an eight-month period.

employeescreenIQ’s Global Screening Services are an important tool in an increasingly global business environment. As with our domestic services, you can trust employeescreenIQ to stay on top of the latest developments worldwide in accessing reliable, timely, and compliant information to increase the value of your hiring decisions.

For more information regarding international background checks and the valuable service employeescreenIQ provides, please visit us at www.employeescreen.com/global.

by Jason Morris

In 1999 when we founded employeescreenIQ our focus was on retail employment screening. We quickly found out that while doing comprehensive employment background investigations, substance abuse testing became very important. At the core of any inclusive background screening program is a candidate’s complete history and a drug test.

Why should our organization conduct substance abuse screening?

• About 75% of current illicit drug users 18 and older are employed… that’s more than 10 million US workers.(1)
• A recent US Labor study reveals that US businesses lose $74 to $200 billion annually to problems related to employee substance abuse.(2)
• 15.9 million Americans aged 12 or older admit to current (in the last 30 days) illicit drug use.(3)
• 36 million Americans aged 12 and older admit to abusing prescription drugs in their lifetime.(3)
• On a daily basis, at least 42,000 Americans are coming to work stoned or are getting “high” while on the job.(1)
• Workforce drug use contributes to increased workplace turnover, absenteeism, accidents and diminished productivity.(1)

1 William F. Current Drug Testing: How Both Employer and Employees Benefit Seton Alerts for Safety February 2003 Edition

2 William F. Current In Favor of a Drug-Free Workplace: Why Drug Testing? 1999

3 (NHSDA) 2001 Household Survey on Drug Abuse

Drug testing will become a hot topic in the news in the coming months as we approach the summer Olympics and as the Major League Baseball season progresses. Obviously substance abuse testing has been in the news a lot in the past six months especially with the Roger Clemens story and various congressional hearings. Recently, the Olympics have revealed their new drug testing system.

Some states including Ohio and Florida offer discounts on Workers Compensation insurance for companies who create Drug Free Workplace programs. Incorporating a Substance Abuse Screening Program into your hiring process has never been so easy. employeescreenIQ offers Urine, Hair and Saliva testing at over 8000 Patient Service Centers across the United States. Screens can be used for pre-employment, random and post-accident programs. All results are reviewed by a board-certified Medical Review Officer (MRO), and handled in full compliance with federal DOT regulations and guidelines. Negative results are posted in 1-2 days.

Look for more information in the coming months about substance abuse testing on employeescreen University.

by Jason Morris

In the employment screening business sometimes we are faced with industries that require very specific searches. One of these searches is called an OIG (Office of Inspector General) GSA (General Services Administration) Search. Both of these are government disbarment list searches.

What does this mean?

In a nutshell, various industries are required to verify that a candidate is not on a government disbarment list of firms and individuals excluded by the Federal government from receiving federal contracts or federally approved subcontracts and from certain types of federal financial and non financial assistance and benefits.

According to the Government Services Administration (GSA) Website:

The EPLS (Excluded Parties Lists System) was established to ensure agencies solicit offers from, award contracts, grants, or financial or non-financial assistance and benefits to, and consent to subcontracts with responsible contractors only and not allow a party to participate in any affected program if any Executive department or agency has debarred, suspended, or otherwise excluded (to the extent specified in the exclusion action) that party from participation in an affected program.

Reference FAR Subpart 9.4 (Procurement Programs) and Executive Orders 12549 and 12689 and the Government-wide Nonprocurement Suspension and Debarment Common Rule [68 FR 66533] (Nonprocurement Programs) provide the guidance for using EPLS.

The EPLS is a Federal government system maintained by GSA as required by FAR Subpart 9.4 and Executive Orders 12549 and 12689. EPLS data is received and maintained by Federal debarring/excluding agencies only.

According to the Office of Inspector General (OIG) website:

For many years the Congress of the United States has worked diligently to protect the health and welfare of the nation’s elderly and poor by implementing legislation to prevent certain individuals and businesses from participating in Federally-funded health care programs. The OIG, under this Congressional mandate, established a program to exclude individuals and entities affected by these various legal authorities, contained in sections 1128 and 1156 of the Social Security Act, and maintains a list of all currently excluded parties called the List of Excluded Individuals/Entities.

Bases for exclusion include convictions for program-related fraud and patient abuse, licensing board actions and default on Health Education Assistance Loans.

The effect of an exclusion (not being able to participate) is:

· No payment will be made by any Federal health care program for any items or services furnished, ordered, or prescribed by an excluded individual or entity. Federal health care programs include Medicare, Medicaid, and all other plans and programs that provide health benefits funded directly or indirectly by the United States (other than the Federal Employees Health Benefits Plan). For exclusions implemented prior to August 4, 1997, the exclusion covers the following Federal health care programs: Medicare (Title XVIII), Medicaid (Title XIX), Maternal and Child Health Services Block Grant (Title V), Block Grants to States for Social Services (Title XX) and State Children’s Health Insurance (Title XXI) programs.

· No program payment will be made for anything that an excluded person furnishes, orders, or prescribes. This payment prohibition applies to the excluded person, anyone who employs or contracts with the excluded person, any hospital or other provider where the excluded person provides services, and anyone else. The exclusion applies regardless of who submits the claims and applies to all administrative and management services furnished by the excluded person.

· There is a limited exception to exclusions for the provision of certain emergency items or services not provided in a hospital emergency room. See regulations at 42 CFR 1001.1901(c)

Check with your employment screening firm to see if an OIG or GSA search is relevant to your industry.

by Jason Morris

Dear Loyal Readers,

Beginning Saturday April 12th I will be leaving for the National Association of Professional Background Screeners (NAPBS) conference in New Orleans, LA.  I will be at this conference until Wednesday April 16th. Due to my absence I will be unable to blog this series every day.  I look to continue this as a daily blog on Thursday April 17th.  However, you may see a few random “Employment Screening 101″ posts by others from employeescreenIQ or myself if I am able to post.

Future topics will include:

• Substance abuse testing
• FAA Searches
• I-9 Automation
• Global Screening
• IQ Review

And much more!

The good news is I will be speaking at the conference.  Please be sure to stop by and hear my topic ” The History of NAPBS and the Background Screening Industry “.  Looking forward to seeing some of you there!

by Jason Morris

Many industries are required to search the Office of Foreign Asset Control’s (OFAC) Specially Designated Nationals (SDN) List.   Some of the industries that are required to search this list include, those in the Financial Sector, Money Service Businesses, Insurance Industry, Exporters and Importers, Tourism & Travel, Credit Reporting, some Non Profits and Corporate Registration Agencies.   According to the OFAC website:

The Office of Foreign Assets Control (”OFAC”) of the US Department of the Treasury administers and enforces economic and trade sanctions based on US foreign policy and national security goals against targeted foreign countries, terrorists, international narcotics traffickers, and those engaged in activities related to the proliferation of weapons of mass destruction. OFAC acts under Presidential wartime and national emergency powers, as well as authority granted by specific legislation, to impose controls on transactions and freeze foreign assets under US jurisdiction. Many of the sanctions are based on United Nations and other international mandates, are multilateral in scope, and involve close cooperation with allied governments.

employeescreenIQ takes this search a step further; actually about 45 steps further to be exact.  The employeescreenIQ Homeland Security Check is an instant, inexpensive tool that mitigates foreseeable risk to your customers, employees and physical assets.

The Homeland Security Check is designed to cross reference your applicant’s name against over 45 worldwide known terrorist and fugitive databases that include individuals, organizations and companies considered to be a threat to global and national security. The Homeland Security Check database is updated daily as the various lists are modified. This service is available to all employeescreenIQ clients and ensures compliance with the USA Patriot Act.

Some of the data sources cross-referenced by the employeescreenIQ Homeland Security Check include the following:

• Office of Foreign Assets Control (OFAC) List of Specially Designated Nationals (SDN) and Blocked Persons
• Politically Exposed Persons List
• FBI Most Wanted Terrorists List
• FBI Top Ten Most Wanted List
• U.S. Secret Service Most Wanted Fugitives
• United Nations Consolidated Sanctions List
• Interpol Most Wanted List
• European Union Terrorist List
• Royal Canadian Mounted Police Most Wanted
• Australia Department of Foreign Affairs and Trade List
• Russian Federal Fugitives
• Scotland Yard’s Most Wanted
• World’s Most Wanted Fugitives

This is an inexpensive way to strengthen your background screening program. Homeland security is everyone’s responsibility! Performing this search helps you protect both your organization and your country.

by Jason Morris

Contacting business and/or personal references can be valuable source of information about your applicant’s general image, work habits and character as perceived by others. These Reference Interview can also offer insight into the candidate’s trustworthiness, reliability, competency and integrity and help one candidate stand out from the field.

Many times in employment background screening organizations tend to look at negatives; information to disqualify an individual for employment. Unlike countywide criminal searches and employment and education verifications most often a reference interview will note positive attributes of an individual. I remember a few years ago when we had two great candidates for an Account Executive position; both candidates were essentially equal in every way however one had a stellar reference that put her over the edge.

It is important that I divulge that I am not in favor of reference interviews in place of employment verifications. The candidate will often provide names of references they know will say favorable things about them. In employment verifications, you are contacting their former employers who tend to be less biased in their remarks. Plus, if the past employer does provide favorable remarks, it is usually much more reliable. Bottom line, a reference interview is a good compliment or added level to the employment verification.