2014 Background Screening Trends –

Are you Keeping Pace?

October 23, 2014

Guest Speaker

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HireRight Steven Spencer Vice President of Transportation https://twitter.com/Steve_HireRight

HireRight Legal Statement

HireRight prepared these materials for informational purposes only. These materials are not intended to be comprehensive, and are not a substitute for, and should not be construed as, legal advice.

HireRight does not warrant any statements in these materials. Employers should direct to their own experienced legal counsel questions involving their organization’s compliance with or interpretation or application of laws or regulations and any additional legal requirements that may apply.

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Agenda

Benchmark Report Overview

Hiring Outlook

Screening Practices

Drug & Health Screening

I-9/E-Verify

Planned Improvements

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Benchmark Report Overview

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2014 Transportation Benchmarking Report

Snapshot of employer screening practices

» Addresses common screening practices and policies

» Explores issues and trends

» Identifies potential areas for improvement

» Builds support for change

Online Survey

» U.S. distribution

» Customers and non-customers

» Primary industry selected transportation

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Respondent Profile

2014 Hiring Outlook

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Optimistic Outlook – Strong Hiring Climate

22%

37%

20%

19%

Current Employment Trends

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Hours of Service Rule

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Sourcing/Recruitment Methodologies

#1 Sourcing

Method: Referrals

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Driver Attrition

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Retention Strategies

Screening Practices

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The Value of Screening

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Screening Integration & Program Review

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Increase in Utilization of Criminal Searches

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Criminal Checks Important in Vetting Applicants

Risks of a Bad Hire

Workplace violence

Theft of goods, services and money

Loss of customers

Negligent hiring lawsuits

Cost to replace the employee

Brand and reputation

Ban the Box Fair Hiring Laws

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Source: Ban the Box, National Employment Law Project, September 2014

Best Practices in Light of EEOC Guidance

Review current policies – eliminate blanket exclusions “based on any criminal record”

Adjust practices to demonstrate relevance to position and business necessity

Implement processes for “Individual Assessments” where feasible

Ensure proper notices are given to applicants denied employment for criminal history

Train all those who interact with applicants on the requirements of the new guidance

Maintain criminal record information in a confidential manner and only use the information for the intended purpose

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Drug & Health Screening Practices

Top 10 Count Down

Most Creative Reasons for Failed Drug Tests

10. I was at the dentist recently. They gave me pain meds. That’s why I tested positive for cocaine.

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10. I was at the dentist recently. They gave me pain meds. That’s why I tested positive for cocaine.

9. I smoked pot at a Christmas party last year. (It was October when the drug test was administered.)

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Top 10 Count Down

Most Creative Reasons for Failed Drug Tests

10. I was at the dentist recently. They gave me pain meds. That’s why I tested positive for cocaine.

9. I smoked pot at a Christmas party last year. (It was October when the drug test was administered.)

8. I was in a wheelchair and must have rolled over some marijuana and it got on my hands.

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Top 10 Count Down

Most Creative Reasons for Failed Drug Tests

10. I was at the dentist recently. They gave me pain meds. That’s why I tested positive for cocaine.

9. I smoked pot at a Christmas party last year. (It was October when the drug test was administered.)

8. I was in a wheelchair and must have rolled over some marijuana and it got on my hands.

7. I got in a wreck over 2 years ago, and they gave me painkillers for my back, but I don’t have the bottle anymore.

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Top 10 Count Down

Most Creative Reasons for Failed Drug Tests

10. I was at the dentist recently. They gave me pain meds. That’s why I tested positive for cocaine.

9. I smoked pot at a Christmas party last year. (It was October when the drug test was administered.)

8. I was in a wheelchair and must have rolled over some marijuana and it got on my hands.

7. I got in a wreck over 2 years ago, and they gave me painkillers for my back, but I don’t have the bottle anymore.

6. I was bitten by a recluse spider.

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Top 10 Count Down

Most Creative Reasons for Failed Drug Tests

5. I buy shampoo from China, and I think there are opiates in that.

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Top 10 Count Down

Most Creative Reasons for Failed Drug Tests

5. I buy shampoo from China, and I think there are opiates in that.

4. I was told I was going to be laid off for 4 months. It was their fault that they called me back in 1 week and tested me.

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Top 10 Count Down

Most Creative Reasons for Failed Drug Tests

5. I buy shampoo from China, and I think there are opiates in that.

4. I was told I was going to be laid off for 4 months. It was their fault that they called me back in 1 week and tested me.

3. Must have been in the wedding cake.

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Top 10 Count Down

Most Creative Reasons for Failed Drug Tests

5. I buy shampoo from China, and I think there are opiates in that.

4. I was told I was going to be laid off for 4 months. It was their fault that they called me back in 1 week and tested me.

3. Must have been in the wedding cake.

2. I was carrying a joint in my pocket. It was potent. It must have rubbed through the pocket to my leg, and my leg absorbed the pot.

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Top 10 Count Down

Most Creative Reasons for Failed Drug Tests

5. I buy shampoo from China, and I think there are opiates in that.

4. I was told I was going to be laid off for 4 months. It was their fault that they called me back in 1 week and tested me.

3. Must have been in the wedding cake.

2. I was carrying a joint in my pocket. It was potent. It must have rubbed through the pocket to my leg, and my leg absorbed the pot.

1. I should not have used another person’s urine.

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Top 10 Count Down

Most Creative Reasons for Failed Drug Tests

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Who Do You Drug Test?

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Hair Testing Prevalence

Hair Testing

Wider Window of Detection – up to 90 days

» Average detection window for urinalysis is within one week of drug use

Greater Detection Period = More Positive Specimens Detected

» 5-10 times more drug users were identified*

– Highest positive detection rate

Resistance to Subversion

» Resistant to specimen substitution or adulteration

» No chance of specimen dilution

Non-Intrusive Collection Methodology

» Cosmetically undetectable

*Psychemedic side-by-side urine & hair testing results

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Hair & Urine Positive Rates (Psychemedic Research)

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Prescription Drug Use is Soaring

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Working With Your MRO

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Electronic Chain of Custody Utilization

Best Practices in Drug and Health Screening

Establish a written DOT-agency compliant drug and health screening policy

Routinely educate your supervisors and drivers on safety requirements

Consider hair testing in your screening program particularly in the pre-employment setting

Make sure your MRO is relaying agency specific safety concerns to you discovered during the medical review process

Verify drivers have used a FMCSA certified medical examiner registered in the National Registry

Document the verification of the certified medical examiner pursuant to 49 CFR 391.23

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I-9/E-Verify Practices

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ICE Audit Preparedness

Best Practices for I-9 Program Management

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Conduct periodic self-audits

» Add to periodic policy/program review

Train staff on completing the I-9 form

Have legal counsel conduct I-9 audits

Keep I-9 forms in separate binder

Know where I-9s are located for terminated employees and closed business locations

Clearly mark boxes so stored forms can be located

Consider an electronic solution

2014 Planned Improvements

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Reducing Time to Hire – Top Challenge

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2014 Planned Improvements

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Regulated Workforce Changes

Intelligence to move forward.SM

Questions

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