Issue link: https://www.e-digitaleditions.com/i/131821
Employee Screening patients, workforce, and the general public, and the security of their data and facilities," says Jenifer DeLoach, general manager North America for HireRight. Employers also are concerned about ensuring that they comply with general screening regulations, as well as any applicable industry-specific screening regulation, as failure to do so risks potential liability to the business, including penalties and loss of licenses, among other things, DeLoach says. "By way of example, before partnering with HireRight, one healthcare organization was subject to a routine federal audit where it was discovered that one current employee had outstanding sanctions that prohibited the individual from working for healthcare providers that accept federal funds," she says. "In the end, the government fined the organization $500,000." The Proof Is in the Pudding Jana Graham, director of talent acquisition at AGL Resources knows the importance of keeping up with compliance requirements, particularly the energy firm's specialized requirements. AGL has a diverse portfolio of companies, including seven natural gas utility companies, a wholesale distributor of natural gas to other utility companies, a unit that develops and operates underground storage facilities for natural storage, and a retail company that sells natural gas and related home services such as appliance repair and line protection plans. With such a portfolio, AGL has many workers in "safety-sensitive" positions who work with hazardous materials, and many of those also operate specialty equipment or drive trucks that require specialized training and certification to obtain a specific commercial driver's license, Graham says. As such, there are a number of additional compliance requirements for these positions—on top of the typical hiring compliance requirements that most industries face. These positions require specialized drug and alcohol testing, which differ from drug and alcohol testing requirements for most other types of positions, Graham notes. Under the federal Department of Transportation (DOT), the requirements for safety-sensitive positions in the field come from the Pipeline and Hazardous Materials Safety Administration, and the requirements for operators of trucks or specialty equipment come from the Federal Motor Carrier Safety Administration. [36] HRO TODAY MAGAZINE | APRIL 2013 These two entities have very specific drug and alcohol testing requirements for both pre- and post-employment, and their requirements differ from each other. For pre-employment screening, the DOT requires companies to test for a wider range of drugs, and they have a minimum number of drugs a company can put on a panel to be analyzed. The two agencies also require testing after candidates are hired and on the job for three reasons: random testing on a quarterly basis, reasonable suspicion, and post-accident. The panel of required drugs to be tested can be different, depending on the reason. The reports and audits from both agencies are vary. "If we don't comply there could be very severe fines," Graham says. "We have a higher standard than the general population because if a gas pipeline ruptures and it was determined that the employee responsible was under the influence of drugs or alcohol, there are very serious implications. We want to protect our customers, our other employees, and the general population." Moreover, AGL also has to perform additional background checks and driving history reviews on every job candidate applying to drive a truck or operate specialty equipment, and if they are not consistently performing these reviews for all types of employees, they face noncompliance with the Equal Employment Opportunity Commission's (EEOC) Affirmative Action guidelines, she says. Both series of compliance requirements are made even more challenging if an employee from another part of the organization—say from a backoffice administrative position—transfers to a safety-sensitive, driver or specialty equipment operator position, Graham says. AGL has to make sure they receive all of the additional background checks, driving history reviews, one or both types of specialized drug and alcohol pre-employment screening panels and are also put on the list for quarterly random drug and alcohol testing. AGL would never have the expertise to perform these screening tests, reviews, and background checks on its own and relies on Aurico Reports. "Compliance is a critical component of any background screening program," says Ben Goldberg, Aurico's president. "It is essential that companies create consistent policies, procedures, and methods to align with federal and state specific rules, regulations, and guidance."