We just returned from the 2008 National Association of Professional Background Screeners conference in New Orleans!

We had a great time exploring the city and an even better time immersing ourselves into the educational seminars regarding the background screening industry. Read more…

A criminal record does not necessary disqualify a job applicant from a position. Federal and state laws have strict guidelines concerning disqualifying an applicant for a position, and disqualification requires careful consideration on the part of the hiring manager.<!–more–>

Ensuring compliancy with federal and state regulations begins by creating a fully developed position description that clearly identifies skills, education, certifications, and security requirements mandatory to the position. You will also need to understand your federal and state requirements for particular positions. Most states prohibit people convicted of certain specific crimes from holding occupations such as home health worker, daycare worker, or teacher.

In addition, all job applicants should be required to complete a standard application in addition to submitting a resume. A standardized job application not only ensures that you can collect the information for a background and criminal record check, it also allows the applicant to properly disclose and explain a past conviction.

When addressing a criminal record, federal and state laws require that you show reasonable analysis of the following:

• Did the candidate properly disclose their criminal record? Did your background check correspond with the information provided?
• How does the type and severity of the conviction relate to the position? Do the security requirements of the position leave your company, employees, clients, or public vulnerable as it relates the candidate’s criminal record?
• What were the facts surrounding the conviction?
• How long ago was the conviction? Has the applicant made reasonable efforts at rehabilitation?
• Was the applicant employed before and after the conviction? Is the employment history consistent with the position description and requirements?

If after this careful analysis, you find that the applicant does not qualify for the position you must document why you did not choose the applicant. Requirements for notifying an applicant about your reasons for denying them based on a criminal record vary by state.

An essential step in creating and maintaining a safe workplace environment is to implement a drug free workplace policy.  A drug free workplace policy is a written employment policy that clearly states the expectations of the company that all employees remain drug and alcohol free.  The mixing of drugs and alcohol with work can be the cause of a variety of damages, including personal and financial injury.  In order to enforce the company’s drug free workplace policy, employee drug testing must be conducted.

Employee drug testing is a complicated subject.  Not only are there numerous methods of performing effective employee drug testing, there are also many laws that regulate the use of employee drug testing.  The first step in implementing an employee drug testing policy is to evaluate and determine what your company’s exact employee drugs testing needs are.  To do this, determine what your business’ drug abuse risk is.  For example, if you have noticed a decrease in productivity or an increase in employee-caused accidents, you will want to focus your employee drug testing protocol on solving these problems.  In these situations, using random employee drug testing may be your best option. 

The second step in implementing an employee drug testing policy to understand the applicable law relating to employee drug testing.  Depending on the state your company is in and the type of work your company does, various state and federal laws may effect how employee drug testing can be done.  Since the area of employee drug testing and employee privacy rights is a rapidly evolving area of the law, it is highly recommended you seek the professional legal advice of a qualified attorney who can help you understand how to set up a legal employee drug testing program. 

Once you know what your employee drug testing need is and what the relevant employee drug testing laws are, the third step is to decide what type of employee drug testing system you want to implement.  There are many different methods of performing employee drug testing and each have their own individual advantages and disadvantages.  For example, your company can chose between using random employee drug testing or regularly scheduled employee drug testing.  Further, employee drug testing, whether random or scheduled, can be performed using a variety of different procedures.  For example, you can use urine, saliva, sweat or hair samples for employee drug testing.  

Usually employee drug testing is only valid if performed by a medical professional.  Therefore, it is highly advised that your company hire a professional employee drug testing business to perform all of your employee drug testing needs.  Such companies as Background Network can coordinate professional testing labs, medical review professionals and accurate reports to ensure your employee drug testing is done efficiently and effectively.  Using a nationwide network of OSHA, ODAT and NODA compliant drug testing labs, a national network of collection sites, and pre-employment physical examinations, a professional employee drug testing company will get you the employee drug testing information and services you need to ensure you operate a drug free and safe workplace.