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.
What is SafetyNet Criminal Jurisdiction?
The SafetyNet product is DISA's NatCrim product. It generates information from hundreds of different data sources to provide an applicant's address history, name variations, and aliases. The information comes from three general categories: credit bureau header data, commercially available sources like utilities and phone companies, and public sources such as property records, licenses, etc. This information is utilized by DISA as a pointer file to ensure the necessary jurisdictions and aliases are searched for records pertaining to an applicant. This information is utilized internally and our clients do not view the data returned per FCRA regulations.
How do you do a background check?
An employer must first establish a background check policy with their company. Once implemented, they can begin performing background checks, usually for pre-employment, but sometimes ongoing depending on the position. According to the Fair Credit Reporting Act (FCRA) § 604 – 15 U.S.C. § 1681b, employers are required to provide applicants with a separate written disclosure, which advises that a consumer report may be obtained for employment purposes. The document must consist solely of the disclosure as a stand-alone document. Additionally, the employer also must obtain the applicant’s written consent to order the background check.
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.