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| Frequently Asked Questions |
| Why pre-screen? | Why do I need a search firm? Isn't most of this information online? | |||||||||||||||||||||||
| Why should a firm outsource this service? | How common is drug testing? | |||||||||||||||||||||||
| What laws govern the collection and use of the information you make available? | Can a drug test be 'beaten'? | |||||||||||||||||||||||
| What about 'false positives?' | ||||||||||||||||||||||||
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Must I have a drug policy in place before I start drug testing? |
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| Why must I have the applicant's permission to do a background search? | ||||||||||||||||||||||||
| What is the FCRA? | How long do drugs stay in an individual's system? | |||||||||||||||||||||||
| What does the Fair Credit Reporting Act have to do with a criminal search? | What happens to the specimen when someone tests positive? | |||||||||||||||||||||||
| If I do not intend to hire an applicant, do I have an obligation to that individual? | Should I fire an individual for having a positive result? | |||||||||||||||||||||||
| Are statewide searches sufficient as a criminal history search? | Isn't marijuana just a recreational drug? | |||||||||||||||||||||||
| Are Felony and Misdemeanor records always together? |
We do pre-employment screening. Is it important for my company to do other drug testing? |
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| May I select only Felony searches? | What is a chain of custody and why is it important? | |||||||||||||||||||||||
| Are Motor Vehicle Records (MVR) considered public records? | ||||||||||||||||||||||||
| Is it legal to pull your own or your family member's credit report? | What are NIDA and SAMHSA? | |||||||||||||||||||||||
| Can you verify social security numbers? |
What is the difference between a 5-panel screen and a 10-panel screen? |
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| How do I know which searches I should request? | ||||||||||||||||||||||||
| What do I do if an applicant says the report is not accurate or not them at all? | ||||||||||||||||||||||||
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Where do I find the special requirement and laws for each state,concerning drug screening? |
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Employers have become painfully aware of the tremendous consequences of bad hiring decisions. Pre-screening promotes safe and profitable workplace. Pre-employment screening is an effective risk management tool that has been proven to significantly reduce the risk of a bad hire. Employers typically engage in pre-employment screening for four reasons:
Performing
background screenings is certainly not a guarantee that every bad
applicant will be discovered. For the prices charged by
pre-screening firms, employers cannot expect an in-depth and
exhaustive FBI type investigation. However, just engaging in a
screening program demonstrates due diligence and provides an
employer with a great deal of legal protection.
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Why should a firm outsource this service? Pre-employment screening is a time consuming and detailed task that requires highly specialized knowledge and resources. It is also subject to numerous legal regulations. Many firms have found that it is an inefficient use of their time and resources to attempt to perform a service that a specialist can do efficiently and cost-effectively.
Even firms with fully staffed Human Resources or Security departments have found that outsourcing this service is more efficient and allows them to focus on tasks that can only be performed inside the company. Many HR and Security professionals also prefer that a new employee's first contact with their department not be a background check. Also, outsourcing this service does not leave a new employee feeling that confidential information about them is being obtained by others in the firm. |
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What laws govern the collection and use of the information you make available? The FCRA (Fair Credit Reporting Act) is the law that allows the applicant to have a copy of our reports and to challenge it's accuracy. The EEOC regulations allow you to pre-screen applicants, but prohibits you from hiring decisions based on sex, age, race, etc. |
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It may be legal to get this information about a job applicant, but is it legal to use it to make a hiring decision? Absolutely! Misstatements on an application are grounds for dismissal of an employee or denying an applicant. In fact, if you hire a dangerous or unqualified person into a position where they could harm others, and a reasonable inquiry would have revealed that information, you can be held liable for the employee's acts. |
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What happens if I get a
candidate for a job who has an excellent resume and has other job
offers and I can't wait for a background check?
Hire that person contingent upon a successful background check. If you find that the person made misstatements on their application or resume, that is grounds for dismissal. Remember that our Applicant Consent Form is your first line of defense. If they know that you are going to verify information they are much less likely to misrepresent themselves. |
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Why must I have the applicant's permission to do a background search? Simply stated, it's the law. The federal Fair Credit Reporting Act governs background searches, and violations of this act can have serious legal ramifications. In this situation, the FCRA was designed to protect the individual consumer and his/her privacy. |
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The FCRA is the federal Fair Credit Reporting Act, which is the governing act applicable to background searches. The federal Fair Credit Reporting Act (FCRA) stipulates that certain forms and procedures be followed in order to preserve the rights and privacy of applicants. Violations of this act may create substantial legal ramifications. |
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What does the Fair Credit Reporting Act have to do with a criminal search? The FCRA governs all background searches, not just credit reports. The Act defines permissible purposes, how the information is handled, what procedures and documentation must be followed, and even defines the procedures for when an applicant is denied a job based on the results. There is a great deal more to know about the FCRA, and we recommend all personnel responsible for hiring employees be aware of the impact this act has on your employment decisions. The full text is available at: http://www.ftc.gov/os/statutes/fcrajump.htm |
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If I do not intend to hire an applicant, do I have an
obligation to that individual?
It all depends on why you are not hiring them. If the background search revealed information that caused this adverse action, then you are required by the FCRA to notify them of your intent not to hire them, issue a copy of their Summary Of Rights, and supply a copy of all the background reports gathered. After allowing them time to dispute the results, you must then notify them that their application has been terminated. |
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Are statewide searches sufficient as a criminal history
search?
This question is very difficult to answer. Although many states offer this level of search, we have witnessed a lack of sufficient information, in our opinion, to make realistic due diligence decisions. Statewide searches often only contain what the counties chose to report, and some states do not require county participation - it is strictly on a volunteer basis. Additionally, most states have lengthy turnaround time, causing delays in reports. We will gladly do a statewide search where offered, but we do not believe that a statewide search by itself provides sufficient information for an informed hiring decision to be made. |
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Are Felony and Misdemeanor records always
together? In most counties and states they are housed in the same court and therefore available together. However, you are welcome to order just felony convictions. Those few counties that do not house their criminal records together require a separate search and possibly additional fees. |
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May I select only Felony searches?
Absolutely, as long as all applicants for that level of position are reviewed under the same scrutiny. |
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Are Motor Vehicle Records (MVR) considered public
records?
No, they are not considered public records. That means you must have a 'permissible purpose' and some states may require proof of this with a signed release. Each state establishes their own level of information and the length of reportable data for employment searches. |
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Is it legal to pull your own or your family member's
credit report?
You must have legitimate permissible purpose to pull any credit report, even your own. Inform members of your staff who are authorized to pull credit reports that it is a violation of Section 604 of the Fair Credit Reporting Act to ask for a credit report without legitimate permissible purpose. It is a violation of the law and may provide the subject of the report with grounds for a damage suit. From TU News |
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Can you verify social security numbers?
We can access several searches that can help determine the relationship of a social security number and the related names used, or when and where the SSN was issued. However, only the Social Security Administration can confirm a social security number is legal and belongs to a specific person. Although the federal government is currently testing other solutions, only the following procedure is available to truly verify a person's social security number.
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How do I know which searches I should
request?
Your background searches should be predicated on the position for which you are hiring, not on the individual you are hiring. In other words, define your searches based on the needs of the job and apply it consistently for all applicants. |
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What do I do if an applicant says the report is not
accurate or not them at all?
First, let us know what they are disputing. We will run the search again and either correct the information found or confirm the original information. We cannot guarantee the information is accurate; we can only guarantee it is in the public records and matches the major identifiers of your candidate. As the end-user, you are the only one who can confirm the identity of the individual. Only through fingerprints can a true identity be made. |
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I've been told that I should not ask an applicant for
date of birth, yet it is required to do most searches. Why the
contradiction?
You are not allowed to use the date of birth as a determination in offering a job; that would be discriminatory. However, DOB is one of the identifiers that local and state government agencies use when criminal records are filed. Therefore it is permissible to request it in conjunction with these searches. If you are concerned about this, we will gladly allow the applicant to supply this piece of information directly to us, thus removing the DOB from your pre-employment inquiries. |
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Why do I need a search firm? Isn't most of this
information online?
Contrary to popular opinion, criminal and other searches are not 'available online.' Very few county court records are accessible online, and then only with special access procedures and fees. Most of the advertised sources of online criminal history do not come directly from the courts, but is retrieved from databases that are not always accurate or current. Always ask if their searches are direct from the originating source or are they simply pulled from a purchased database. |
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How common is drug testing?
In 1983, only 3% of the Fortune 200 companies were testing one or more classes of job applicants or employers. By 1991, 98% had implemented some form of drug testing. |
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Can a drug test be 'beaten'?
Yes, but the odds are long and getting longer all the time. The science of drug testing has progressed significantly in recent years. Some of the procedures that have been instituted to determine intentional attempts at 'beating' a drug screen are:
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What about 'false positives?'
Most of the popular stories about what triggers a 'false positive' - such as what you eat or drink, what cosmetics you use, or what over-the-counter medicines you take - are based on misconceptions. They either:
Some employees have claimed that passive inhalation of marijuana smoke caused their 'positive' test results. However, studies have shown that the exposure would have had to be so constant and prolonged, and in such a confined space, as to represent an absurd scenario. Yes, you will test 'positive' if you are in a sealed phone booth with four marijuana smokers who smoke non-stop for eight hours. Otherwise, the claim of passive inhalation triggering a 'positive' test result is easily rejected. |
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Must I have a drug policy in place before I start drug
testing?
Yes! You must also notify all current employees of the new policy and allow sufficient time for this new policy to be recognized throughout your company. Although you may start pre-employment testing as soon as a drug screening policy is in place, it is strongly recommended that there be a waiting period before asking current employees to submit to testing. |
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An applicant tests positive for drugs and
claims there must be a mistake. Should I
allow him to have a second drug screen?
Under no circumstances should an applicant / employee be allowed to have a 'new' specimen collected when they claim 'the lab made a mistake'. If the Chain of Custody is intact, there is virtually no room for error. Keep this in mind: these tests are highly structured, federally regulated, sophisticated procedures. A mistake is not likely. There are other options available at this point: re-confirming the original specimen; transporting the specimen to a lab for testing; or the services of a Medical Review Officer. |
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How long do drugs stay in an individual's
system?
Drugs do not typically remain in the body for very long. Often no more than 24 - 72 hours, depending on the frequency of use and the individual's body functions. Marijuana is the exception, staying sometimes from several days to several weeks, again depending on the circumstances. However, through hair analysis, drugs are detectable up to 90 days after drug use. |
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What happens to the specimen when someone tests
positive?
When a specimen tests positive, it is automatically scheduled to be processed at a certified laboratory to confirm the presence of the drug in question. If this sample is confirmed positive, then the balance of the specimen is stored under strict laboratory procedures for future needs. It is held under refrigerated conditions for at least six months. |
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Should I fire an individual for having a positive
result?
Every company has different policies. Some find termination as the only answer for a positive drug screen, as drug use is an immediate breach of company policy. On the other hand, many companies now offer Employee Assistance Programs (EAP), which include drug and alcohol counseling and treatment. |
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Isn't marijuana just a recreational drug?
Marijuana today can have 22 times the potency (THC content) that Marijuana did in the late '60s. It is retained in the fatty tissue of the body for several days and it can cause impairment long after the 'high' wears off. |
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We do pre-employment screening. Is it important for my
company to do other drug testing?
Absolutely. Pre-employment screening is only effective in discovering hard-core abusers; those who cannot abstain for a short period of time while they look for work. The only effective way to truly make your place of employment drug-free is to include in your drug policy the stipulation that you reserve the right to test for a variety of recognized specific situations. See Types of Drug Screening elsewhere on this site. Be aware that some states limit or forbid the use of certain types of drug screening. |
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What is a chain of custody and why is it
important?
This is the detailed documentation of the drug screening process, which accounts for the integrity of each step of the procedure, by tracking the handling and storage of the specimen from collection to disposal. This multi-part medical document, with assigned barcode numbers, facilitates the process and documents by whom, when and for what purpose the specimen was handled. Clinical labs will not proceed with a drug screen if they recognize the chain of custody has been broken. With a fully executed Chain of Custody, the drug screen result is completely and legally defensible. |
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What is the difference between laboratories?
There can be a multitude of differences, but the most important is whether or not it is a certified lab. While not required in the private sector, it is highly advisable and more defensible in terms of a legal standpoint to use a certified laboratory. Drug testing laboratories can be certified by:
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What are NIDA and SAMHSA?
SAMHSA stands for Substance Abuse & Mental Health Services Administration. NIDA stands for National Institute for Drug Abuse. These are federal bureaus that create and administer public policies and standards where drug and alcohol issues are involved. The cutoff levels for drug screening are set by SAMHSA, and only laboratories that meet SAMHSA certification requirements are utilized by HR First Contact. |
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What is the difference between a 5-panel screen and a
10-panel screen? The collection procedure and screening process are identical. The difference is the number of drugs for which the specimen is screened.
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What exactly is 'low creatinine' in a drug
test?
Low Creatinine indicates a specimen is below minimum concentrate levels, and therefore the results are not conclusive. Also known as a 'dilute' specimen, it has a creatinine reading less than 20 mg/dL, but greater than 5 mg/dL, and a specific gravity less than 1.003, but greater than 1.001. |
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What is an adulterated specimen and do you screen for
that?
Adulteration screening is standard in our drug screens. It screens for the presences of nitrites, a chemical purchased for the distinct purpose of adulterating the specimen to obscure the presence of drugs. Although it might be successful in obscuring drugs, the nitrites themselves are detectable and can be considered a 'positive' drug screen; and therefore employment decisions can be made based on that 'confirmed positive.' Nitrites are not a personality-altering substance, nor addictive. |
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What is the difference between a 'diluted' specimen, a
'substituted' specimen and an 'adulterated' specimen?
A 'diluted' specimen is when an individual has either intentionally ingested high levels of liquid or added a liquid to the collected specimen in order to decrease the concentration of the specimen. If a specimen is sufficiently diluted, it makes it difficult for the lab to identify any drugs that might be present. Specifically, a diluted specimen has a creatinine reading less than 20 mg/dL, but greater than 5 mg/dL, and a specific gravity less than 1.003, but greater than 1.001. A 'substituted' specimen is when something other than human urine has been submitted as the candidate's collected sample. Simply stated, such specimens do not exhibit the clinical signs or characteristics associated with normal urine. Specifically, a substituted specimen has a creatinine of less than or equal to 5mg/dL and a specific gravity less than or equal to 1.001 or greater than or equal to 1.020. An 'adulterated' specimen is when an individual has introduced a foreign substance into the collected sample to intentionally disguise drugs in the urine. There are numerous products on the market, such as Klear, that are very easily bought on the Internet and have been designed for just this purpose. Specifically, an adulterated specimen is when the nitrite concentration is equal to or great than 500 cg/mL. |
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Where do I find the special requirement and laws for
each state, concerning drug screening?
Obviously, your state bar association can lead you to many publications and sources that will answer this need. You might also want to contact the Institute for a Drug-Free Workplace, which offers many publications dealing with state and federal drug testing laws, as well as many other drug testing topics. Their website address is http://www.drugfreeworkplace.org/ |
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