Welcome to the October edition of the Credential Check Examiner! This month we explore pilot pre-employment screening issues, the future of the Patriot Act, and other helpful articles for you and your business.

As always, please feel free to contact us with your opinions or suggestions.

In the post 9/11 era, when we scrutinize who is able to obtain pilots licenses, the indictment of 46 California pilots for providing false information on their applications for pilot’s licenses is startling.

Normally, prospective pilots can obtain a Federal Aviation Administration (FAA) license only after they have completed oral and written tests and have completed an examination and submitted their medical history to an aviation medical examiner. Of the 46 indicted, most did not submit their documentation, while fourteen of them submitted false documentation, which included some who were receiving Social Security payments for a mental disability.

“All of the pilots would have been disqualified from holding pilot licenses had their background checks been more thorough,” said Timothy D Whiting, Applicant Screening Director for Credential Check Corporation. “A simple comparison between pilot’s license applications and the list of those receiving benefits for mental disabilities would have disqualified at least some of those granted licenses.”

When federal agencies are susceptible to errors in background checks that result in potentially catastrophic security breaches, the government needs to consider outsourcing more of their background checks to qualified, professional services.

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Four years after 9/11, Congress is considering whether to extend certain provisions of the Patriot Act. Sixteen provisions are set to expire in October 2005 unless Congress decides to extend them through either of two versions under review. The act’s main intention is to provide federal investigators with greater authority to intercept wire, oral and electronic communications for the purposes of tracking terrorist activity and money laundering. It also tightens the security of our nation's borders with Mexico and Canada and requires travelers going on cruises to obtain a passport.

The act has had far reaching consequences to the average citizen and to businesses nationwide. The federal government has been given the authority to potentially conduct searches of homes without the occupant’s consent or presence; to gather information on an individual’s reading habits, such as what one checks out at the library or purchases at the bookstore; and, perhaps most controversially, to view one’s medical and tax records.

Businesses have been affected as well: banks, stockbrokers, automobile dealers and other businesses that provide financing are required to run background checks on each person applying for financing. Businesses are required to run the checks on a federal Internet database that contains names of people suspected of being involved in terrorist activity. Businesses must also collect and manage more identification and personal information.

Furthermore, many businesses have been struggling to manage the additional expenses and responsibilities brought on by the act. The provisions that are to be reviewed would require law enforcement officials to provide more notice and justification for searches and seizures of residences and property.

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Two recent California Supreme Court rulings have placed a further burden of protection on business proprietors to their patrons. Previously, proprietors were held liable to protect their patrons from a third party only when it was highly foreseeable that a criminal attack may occur. The new case law broadens the scope of potential liability to include third party attacks that are not particularly foreseeable, and goes on further to state that the business must take at least minimal measures to protect its patrons. In Delgado v. Trax Bar & Grill 2005 WL 1529656 and Morris v. De La Torre 2005 WL 1530429, the victims were attacked in the parking lots of the respective businesses by a third party, and in both cases, while there was no history of violence in the parking lots (therefore not falling under the highly foreseeable category), employees had knowledge that an attack was probable and could have taken further action to prevent each situation from escalating. The Court found that the victims had the right to sue the business proprietors for monetary damages for a breach of duty to protect.

“Premises liability for negligent security is one of the fastest growing areas of tort litigation today, running second only to disputes that arise from auto accidents,” said George M. Patak, Risk Management Consultant for Credential Check Corporation. “Business owners should protect their businesses from increased liability by training employees how to respond in a potentially violent situation, teach them when to call the necessary law enforcement personnel if criminal conduct is imminent or taking place on your organization’s property.” Patak also says that the best way to protect yourself against a premises liability lawsuit is to have a complete risk assessment of your property performed then take the necessary action to correct any discovered deficiencies.

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Every business manager is aware of the reality that their employees spend a certain amount of time “cyberslacking,” or spending company time on the Internet for personal use. When employers see productivity slide, sometimes the knee-jerk reaction is to restrict any personal Internet use altogether. However, the reality is that employees are often more productive if they can take care of some personal business during the course of a workday. Here are some suggestions for employers to find a balance:

• Have a written policy. Make sure your employees know what Internet use is acceptable during work hours and what use is prohibited.
• Install monitoring or filtering software. An employer can limit access to specific sites or to certain hours for personal or non-work-related sites.
• Know your legal liability. Employers may be able to live with an employee sending the occasional email, but certain content or behavior is never acceptable in the workplace such as accessing a pornographic site, hacking or phishing activities, file sharing, or online brokerage or trading. Potential liabilities that employers can be responsible for include breaches of copyright, sexual harassment, and support of criminal activities.
• Work with your IT department on mitigating your risk around these issues, and revisit the subject often.

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Quote of the Month: “Courage is the ladder on which all the other virtues mount.”
-Claire Booth Luce (1903-1987)

Unfortunately, substance abuse is a problem that reaches into every facet of our society, including the workplace. Substance abusers do not always check their problems in at the door when they enter the workplace. Contrary to popular belief, many drug abusers hold down full or part-time jobs, hence endangering not only themselves, but their co-workers as well. According to the U.S. Drug Enforcement Administration (DEA), the international illicit drug trade is a $300 billion a year industry. Moreover, the DEA estimates that 60 percent of all illicit drugs produced in the world are consumed in the US. It is not surprising then that drugs have found their way into our places of work, and will continue to invade the very workplaces we permeate daily if cohesive and effective substance abuse policies are not implemented and enforced.

Substance abuse does not discriminate against ethnicity, age or gender, nor one’s position within an organization. From your entry-level employees to your most senior level executives, no one is immune. Moreover, substance abuse costs the US alone billions of dollars every year in lost productivity, decreased morale, employee absenteeism, increased workers’ compensation costs, workplace accidents, theft and industrial fatalities, just to name a few. Such astonishing figures underscore the importance of having a substance abuse policy in your organization.

When developing or reexamining your current workplace substance abuse policy, Todd N. Krost, Business Development Coordinator for Credential Check Corporation says it may be helpful to incorporate the following elements:

• Drug testing
  • Drug testing seeks to identify in a person’s body the evidence of illegal drug use. Commonly, such objective is achieved by a urine analysis (UA).
  • The employee to be tested is asked to provide a urine specimen, and a consent form is signed by the employee, which demonstrates his/her willingness to be tested.
  • If your organization’s policy includes drug testing, it should specify the nature, frequency and type of testing that will be included.
  • The identification of the drugs for which employees will be tested for should also be included.
    
• Develop a written policy
  • A written policy is essential for communicating the intent and the rules to everyone: applicants, employees, supervisors, and managers alike.
  • Communicate the organization’s goals and dedication to providing a safe and drug free workplace for its employees.
  • In addition, infractions of the policy need to be clearly defined and consequences outlined.
  • A clear differentiation between policies pertaining to alcohol consumption at organization sponsored events or activities should also be included.
    
• Train your supervisors and management team
  • Your supervisors and managers play a critical role in enforcing and ensuring that your organization’s substance abuse policy is enforced.
  • They need to understand and be able to answer questions and explain all aspects of the policy to other employees.
  • They need to be educated on the sign and symptoms to look for regarding alcohol and drug abuse since they are responsible for monitoring employees in their respective department.
    
• Employee awareness
  • Is the key to any effective substance abuse policy. By taking a proactive approach in communicating the organization’s policy, employees are explicitly made aware of the organization’s expectations as well as the consequences associated with those who violate the policy.
  • Outline the policy, the program and the rules.
  • Offer thorough training courses for your employees to learn more about alcohol and other drugs, the dangers and the effects of abuse.
    
• Accessibility to resources and assistance
  • A clear explanation of resources that are available to employees should they desire to seek out assistance for substance abuse should also be included.
  • Spell out what kind of assistance will be provided to substance abusers who voluntarily report their abuse problems or have been identified as a drug or alcohol abuser through other means. Such programs may include an Employee Assistance Program (EAP).
  • Assure personal privacy, dignity and respect for those who do come forward or who are discovered to have substance abuse issues.

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While many organizations have dramatically improved their workplace violence policies and associated employee training in recent years, many still overlook the importance of including provisions for the impact of domestic violence in the workplace. Historically, employers have viewed domestic abuse as a personal problem, outside their realm of responsibility. However, domestic violence has a profound impact on the workplace and accounts for billions of dollars of loss (in absenteeism, decreased productivity, increased stress and health care costs, etc.) every year for American businesses. Employers face a difficult challenge in developing a thorough policy to address the delicate nature of domestic violence. Elements of a good domestic violence policy include, but are not limited to:

• Provisions allowing for leave and benefits flexibility (such as adjusting work schedules and increasing paid/unpaid leave).
• Establishment of a confidential means by which domestic abuse (or the suspicion of it) can be reported.
• Increased attention to safety and security protocols including parking arrangements, possible call screening, enforcement of protective orders, and relocation of the employee victim if possible.
• Provision of resources and referrals for appropriate victim assistance.
• Recognition that the work performance of domestic violence victims is often negatively impacted by their situation and allowance for time to improve.

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Energy costs, whether speaking about fuel, natural gas, or electricity, are challenging even the most frugal and efficient businesses today. Other than pure conservation, which is the most surefire way to save on energy costs, here are some other suggestions on how to save:

• If you haven’t already… Tune up your air-conditioning and heating systems, seal ducts, purchase programmable thermostats, and install energy-saving lighting fixtures.
• Install sensors for compressed-air devices. These devices match pressure to the needs of the unit. High-efficiency motors with sensor technology use about 10% less fuel.
• Utilize Smart meters where possible. Smart meters allow for the continual monitoring of power costs and reduce the energy consumption of specific machinery or systems (not available in all areas – check with your utility company).
• Install chiller systems. These can cut cooling expenses for factories and commercial buildings. Water is chilled by nighttime temperatures and is then pumped into cooling systems during the day to cut down on air conditioning.
• Consider interruptible contracts. Utility companies offer substantial discounts for subscribers who agree to let providers reduce supply when necessary. Backup power systems are a must in this scenario.
• Buy in bulk. Get together with trade organizations or use energy brokers that purchase a variety of fuels in large quantities.
• Look at local alternative-fuel options. The Department of Energy offers free maps that display local options such as landfills or wastewater plants (for methane) or paper mills and furniture makers (burnable fuel).

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