How does DISA know what jurisdictions to check?
DISA accesses a database that consists of more than 180 million criminal record files, which have been compiled from a variety of sources, including local law enforcement, statewide criminal record repositories, departments of corrections, state parole and probation records, local public records sources, etc. to identify pointer data to be verified at the source. DISA also uses data sources to compile counties where a person may have lived. The database file may uncover multiple states/jurisdictions where the applicant had no previous address history. These products serve as a pointer used to determine the jurisdictions in which an individual has lived, worked, or attended school for purposes of criminal history ordering.
What is Adverse Action and when is it required?
The adverse action process is required for any action taken that denies an individual employment, credit, insurance, etc. based on information obtained through a consumer report. This three-step process complies with federal laws to protect applicants from discrimination. Although it’s the law, many companies still fail to send adverse action notices, subjecting them to potential lawsuits. Employers must abide by the guidelines set forth by the Fair Credit Reporting Act (FCRA) which requires the employer to provide a standalone disclosure informing the applicant that a consumer report may be obtained with written consent. The employer must also provide a copy of the pre-adverse notice, background report, and summary of rights to the applicant prior to an adverse action decision. If any adverse information appears on their background check, then a pre-adverse notice is used to inform the employee that something has returned which may or may not affect their hiring decision. This gives the employee an opportunity to file a dispute prior to receiving a final adverse action notice. An adverse action notice must be sent only if the employer denies the applicant employment based on the information from the background check.
How do I find out about specific consortium owner requirements?
DISA’s Client Services department team can answer most questions you may have. Please call them at 281-673-2450. In addition, your contractor employer should be able to provide information about specific owner requirements.
When testing a non-DOT employee, can they have a single specimen collection?
If the employee is non-DOT regulated, then yes you may have a single specimen collection. But for those who are DOT regulated, you cannot. (Please see Part 40 below).
40.17 How does the collector prepare the specimens?
a. All collections under DOT agency drug testing regulations must be split specimen collections.
b. As the collector, you must take the following steps, in order, after the employee brings the urine specimen to you. You must take these steps in the presence of the employee.
- Check the box on the CCF (Step 2) indicating that this was a split specimen collection.
- You, not the employee, must first pour at least 30mL of urine from the collection container into one specimen bottle, to be used for the primary specimen.
- You, not the employee, must then pour at least 15 mL of urine from the collection container into the second specimen bottle to be used for the split specimen.
- You, not the employee, must place and secure (i.e., tighten or snap) the lids/caps on the bottles.
- You, not the employee, must seal the bottles by placing the tamper-evident bottle seals over the bottle caps/lids and down the sides of the bottles.