Here’s a short list of important compliance updates highlighting critical information about laws that a few different states have enacted recently. Keep up to date with any compliance changes by using Blueline Services for your background check and drug testing needs.

Background Check Updates

Maine: Bill LD1167 took effect on October 18, 2021. This bill prohibits employers from requesting criminal history records on an initial application or stating on applications that individuals with criminal history cannot apply. Employers may ask about one’s criminal history during an interview or once it is determined that the applicant is qualified for the position.

New York: Bill Int 1314-2018 also took effect on October 18, 2021. This bill extends and clarifies protections for individuals with pending criminal charges. It requires an assessment of the relationship between the charged conduct and the job, which is the same requirement when considering one’s conviction history.

Drug Testing Updates

New Jersey: The employment sections of New Jersey’s personal cannabis use act went into effect on August 21, 2021. This law says that marijuana use should be treated the same as alcohol use. This means that employers cannot discriminate against people based on marijuana use. However, employers can still drug test upon reasonable suspicion of impairment in the workplace.

New York: The Marijuana Regulation and Taxation Act (MRTA) amended New York Labor Law 201-D(4-a) to say that employers cannot discriminate against employees based on legal marijuana use outside of the workplace. Employers cannot test for marijuana use unless it is required by a state or federal law (DOT) or the employee is impaired at work under reasonable suspicion.

Stay up to date on these and other compliance updates with Blueline Services so you are aware of any changes that may affect your business. It’s critical that your business avoid compliance violations, and we at Blueline Services are here to help.

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DOT Update on Revised CCF

The changes were made to accommodate the use of oral fluid specimens for the Federal drug testing program. However, oral fluid testing is NOT authorized in the DOT’s drug testing program.

If the old CCF is used after August 30, a Memorandum for the Record (MFR) must be completed, or the test will be canceled. Test results may also take longer if you choose to use the old CCF and an MFR, instead of using the revised CCF.

If you decide to keep the chain of custody forms on hand, you will need to order the revised CCF from Blueline. The online platform is updated to reflect these changes as well. If you are going to use a collection site, they will have the revised CCF there for you.

To order the revised CCF or if you have any questions, reach out to us at mail@blueline-services.com.

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Keep Testing For Marijuana?

Marijuana is still federally illegal and is considered a Schedule I drug, meaning it has a high potential for abuse and no accepted medical use. Because state and federal laws differ for marijuana use, drug testing can be complicated especially for companies across multiple states. What does all of this uncertainty mean for employers?

Some companies may choose to remove marijuana screening from their drug testing policy for various reasons. The window of detection for marijuana use is a common reason. Employers often wonder how accurately impairment can be decided based on a positive test because marijuana stays in your system longer than many other drugs. So… there still isn’t a viable option for testing for real-time impairment. Another frequent concern of HR professionals is an issue of privacy in states that have legalized the drug.

Does Testing Help Limit Employee Risk?

There are many reasons to continue screening for marijuana use. Other ongoing benefits of testing include it can prevent drug users from applying to your company. Continued screening or random drug testing can also help protect your company from legal liability if an accident occurs. According to a study by the National Institute on Drug Abuse, employees that tested positive for marijuana were 55% more likely to have industrial accidents, 85% more likely to be injured, and 75% more likely to be absent. Screening for cannabis may be beneficial, particularly for those in safety-sensitive positions where employee risk is concerned.

Untangling the issue of whether or not to screen for marijuana can be tricky. Let Blueline experts help you implement a drug testing program that will keep your company and employees safe and compliant.

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Louisiana Law Updates- June 2021

Louisiana enacted legislation to prohibit employment discrimination based on criminal history records. Employers now cannot request or consider an arrest record that did not result in a conviction, if the information was found during a background check. Employers are allowed to make assessments about an applicant’s criminal history if it has a direct relationship to the specific job duties. This assessment must consider:

• The nature and gravity of the offense
• The time that has elapsed since the offense
• The nature of the job

 New York Law Updates- July 2021

The Legal Enforcement Guidance on the Fair Chance Act and Employment Discrimination on the Basis of Criminal History was updated by the New York City Commission on Human Rights to consider changes made to the Fair Chance Act. The amendments to New York City’s Fair Chance Act were effective starting July 29, 2021. These amendments add protections for individuals who have unsealed violations and unsealed non-criminal offenses. It also expands protections to cover current employees who face pending criminal charges.

After a conditional offer of employment has been made, employers may conduct criminal background investigations. If reviewing the criminal record makes you reconsider the offer of employment, three steps must be completed before withdrawing the offer.

1. Evaluate the applicant under the Relevant Fair Chance Factors and share the evaluation with the applicant
2. Give the applicant a copy of the background check or any other documents used to determine their criminal record
3. Allow at least 5 business days for the applicant to respond

Staying on top of all these compliance changes can be time-consuming. Stay up to date with any compliance changes by using Blueline Services for all your background check needs.

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The U.S. Department of Transportation (DOT) has increased fines for trucking regulation violations. DOT issued a final rule earlier this year that allows the Federal Motor Carrier Safety Administration (FMCSA) to assess civil penalties for employers, employees, or medical review officers who violate the Drug & Alcohol Clearinghouse.

Violations related to commercial driver’s licenses could be subject to a fine of $5,833, which is more than double the amount of $2,500 that the same Clearinghouse violation would have cost you in previous years. The change in fines reflects inflation increases that should have been adjusted long ago. This was done in accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, which requires federal agencies to increase fines to account for inflation each year.

Other notable penalty changes from the final rule include:

• Violations of commercial regulations (property carriers) – Old fine $10,932. New fine- $11,125
• Minimum rail safety penalty – Old fine $892. The new fine is $908.
• Maximum civil penalty for violating procedures for use and allocation of shipping services, port facilities, and national defense operations – Old Fine $26,582. New fine $27,051.

Keeping track of all these changes can be confusing. Thankfully, Blueline stays on top of the latest regulations and changes to keep you in compliance. Reach out to us if you have any questions.

The post Even More DOT Nagging – Regulations appeared first on Blueline.

Illinois Law – March 2021 Compliance Update

Conviction Records and Equal Pay Compliance

Illinois enacted legislation that amended the Illinois Human Rights Act. The changes made prohibit employers, agencies, and labor organizations from taking adverse action on an individual due to conviction records unless:

• A substantial relationship exists between the criminal offense and the employment opportunity
• Hiring or continuing their employment puts property, other employees, or the public at unreasonable risk

The conviction records include felonies, misdemeanors, probation, imprisonment, parole, law enforcement fines, and more:

• Mitigating factors must be considered before an employer uses a conviction record in its decision-making.
• Interactive assessment and notice requirements for employers’ preliminary decisions.
• Employees’ right to respond before their employer’s final employment decision; and
• Employer’s final decision procedure.

The compliance update will mean more scrutiny placed on background checks. Be sure to use Blueline Services to stay in compliance.

New Jersey Law – February 2021

Compliance Update

Adult-Use Cannabis Reform

Adult-use cannabis reform has a couple of clauses to it. First, it legalizes cannabis use for adults 21 and older. It then sets provisions protecting against discrimination in employment opportunities due to cannabinoids being detected in a drug test.

How the workplace will be affected:

AB 21 prohibits employers from refusing to hire, employ, discharge, or taking any other adverse action against any person because they do or do not use cannabis. Additionally, employees cannot be subject to adverse employment action solely because cannabinoid metabolites were present in their workplace drug tests. However, the law does not allow cannabis or marijuana use or possession in the workplace or prohibit workplace drug testing. An employer may require an employee to undergo a drug test if it is reasonably suspected that an employee is using cannabis when working, if they display any observable signs of cannabis intoxication, or after a work-related accident. Employers may also drug test randomly, as part of pre-employment screening, or regularly screen current employees to determine drug use during the employee’s working hours. Workplace drug tests must have both a scientific process (blood, urine, or saliva testing) and a physical evaluation to determine if the employee is impaired.

AB 1897 protects against employment discrimination by prohibiting employers from making decisions solely based on an employee’s and applicant’s arrest, charge, conviction (juvenile included) related to marijuana or hashish (charge). Additionally, employers cannot require an applicant to disclose or reveal any such charge.

AB 21 is effective immediately but is not operative until rules and regulations are released by the New Jersey Cannabis Regulatory Commission. Employers are encouraged to begin compliance with AB 1897 immediately, as well. Read more on cannabis and marijuana reform from the governor.

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Profit and loss are the main focus for most SBOs out there. However, have you looked into what it could potentially cost you in time and money if you hire an employee without running background and drug tests? A single employee from hell can cripple a company by destroying its reputation, its supply chain, and even the equipment onsite.

We know drug policies are important in the workplace, but how do we create one? Here are 3 steps to create an employee screening policy.

Step 1 – Familiarize Yourself With Legal Compliance

There are several laws at the federal and state levels that must be followed when establishing and conducting drug tests. It’s more important than ever before to familiarize yourself with these laws. Working with a drug test and background check specialist is a great option to relieve some of the stress of hiring.

Working with a background check and drug testing provider can make this process as simple and pain-free as possible. For example, with Blueline Services platform, you can order everything you need for your potential employees to ensure they are able to pass the drug screening.

Step 2 – Create a Written Policy

This is where all that research into state and federal laws comes in handy. Make sure you follow all guidelines. Determine if you will want random screenings going forward. It’s a good idea to include any testing requirements when accidents happen as well. Work with your test provider to make sure they are able to handle every aspect of your policy needs. A provider like Blueline Services has all the tools and experience needed to make the entire process flow very smoothly. We can provide all the compliance information you need for the state and federal disclosures to candidates.

Step 3 – Determine the Level of Testing Needed

Whether you’ve just opened an accounting business or a flower shop, you’ll want to test for drugs. However, if the position doesn’t require driving or dealing with warehousing or physical labor, there may be no need for in-depth testing. It’s possible to do a pre-employment screening and be done, only testing in the event of an accident.

If the role is more hands-on, with driving or delivering goods, etc., there are more scrutinous testing options available. Testing a hair sample will provide you with a 90-day window of the candidate, which is a great pre-employment option for a more hands-on role.

Random testing is also great for drivers and those positions that come with a higher risk of injury.

Follow these steps to create an employee screening policy and your time can be yours again.

Reach out to Blueline Services and get started creating your drug policy today. We are here to help you succeed, so give us a call.

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Why are Adverse Action Letters Important?

The FCRA wants to ensure everybody gets a full understanding of what and why an individual doesn’t qualify for something.  By providing an adverse action letter to an individual, you are showing them tangible evidence for your decision.

When denying an applicant for employment or a volunteer for a position or a tenant for housing, you are required to follow the adverse action process (which has various confusing steps). With Blueline’s platform, compliance is baked into every step of the process (platform access – record processing – data reporting – automated disclosures).

Blueline’s automated templates are EASY to use and totally FCRA COMPLIANT.  Spend your limited time onboarding your new employee/volunteer/tenant instead of babysitting the compliance process and regulatory risk.  Plus, Blueline has you covered on all other local, state, and federal guidelines, regulations, and best practices.

If you’re not using Blueline for your background checks and to automate adverse action letters, click here and see what you’ve been missing.

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