A wrongful death suit was filed against Ford Motor Co. for failing to drug test an employee. A full-time employee of Ford collapsed at work and was brought to a hospital, where he later passed away. A toxicology report showed that this employee had marijuana, fentanyl, and alcohol in his system at the time of death. Ford Motor had a workplace drug policy, but they failed to implement it. The lack of supervision prompted employees to use drugs and alcohol while at work. The claim was filed stating that Ford was negligent with its workplace practices, which ultimately led to the death of this individual.

As the acceptance of illegal and recreational drug use rises throughout the US, the need for a firm workplace drug policy has never been more critical. Employers are held responsible for the actions of their employees while on the clock, especially when employers are willfully negligent of safety measures in the workplace and their own company policy. Choosing not to have a drug testing policy, or choosing to have one but not implementing it, can have serious negative consequences that may reflect poorly on your company.

Knowing what drugs to test for, what method to use, who and when to test, and how testing should be done can be confusing. Luckily, Blueline has you covered. Our experts can help you develop a workplace drug policy that is tailored to your organization’s every need.

The post LEARN FROM FORD MOTOR CO.’S DRUG TESTING MISTAKE appeared first on Blueline.

Proper employment screening is the most effective way for companies to reduce their overall risk and liability. Background checks help ensure a quality hiring decision and save your company time and money. Ban the box policies have tightened the regulations on these screenings.

The background check industry is facing significant challenges. Legislation, known as ban-the-box laws, prohibits employers from asking criminal history questions during the hiring process. These laws are intended to provide applicants with a fair chance at employment by delaying background checks until further along in the hiring process. Ban-the-box policies have been enacted in 36 states and over 150 cities.

HR managers are faced with finding the balance between being liable for negligent hiring and giving applicants with a criminal history a fair chance to be evaluated. Thorough background checks can uncover all the information necessary for employers to make the right decisions in hiring.

Being able to access the full records of a potential employee makes the hiring decision much simpler, with the integrity and safety of the company and its current employees being kept secure. It’s understandable to want to give the ability to individuals with checkered histories the chance to return to the workforce without being labeled. However, in certain roles, it’s also imperative the applicant be forthcoming with any hidden records that may impact the role itself.

Staying within compliance is an ever-growing challenge unto itself in this evolving time, and the team at Blueline is here to make it an easier road to navigate. Let us help you through the entire hiring process, and take you through any testing and reporting that may be required after the hiring work is done.

Blueline’s customizable screening services offer:

• Identity verification
• Criminal record checks
• Driving records checks
• Reference checks
• National database

Let Blueline help you keep external threats from becoming internal threats. We are here to make sure you stay in compliance with all new rules and regulations.

The post Ban the Box? 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.

The post Compliance Update for New Regulations in Illinois and New Jersey appeared first on Blueline.

This particular employee had a nasty habit of sleeping at their desk. One may forgive a small nap of five minutes or so, but not three to four hours a day. EVERY DAY…FOR THREE YEARS!!! Of course, things at the DMV tend to take time, so it’s only natural this case took THREE YEARS before anyone thought it may be a problem! While a background check might not show this type of behavior, it would raise the question of how and why an applicant could be fired from the DMV.

Thankfully, Blueline has your back throughout the entire screening process (platform-process-data-reporting-disclosures) and across all states and jurisdictions. Screening Out Bad Candidates will save you money in the long run. So if you find yourself questioning whether a background check is “worth it,” ask yourself if you can afford over $40,000 with nothing to show for it.

The post Screening Out Bad Candidates appeared first on Blueline.

If there is reason to suspect that an employee is under the influence, be sure to document everything thoroughly. You’ll need to take note of your direct observations. Be sure to include appearance, odor, behavior, and any work performance issues that support reasonable suspicion testing. Without the proper procedures and policies in place, your company could be at risk for legal and financial penalties.

It is common for employers to just report the requested test as a “random” test. If you go this route, you are opening the door for legal liabilities. While it is possible to order random testing, it’s not the appropriate option for reasonable suspicion and can lead to legal issues.

The provision can be difficult to define and execute. Blueline Services provides employers and management teams in-depth training to help with recognizing impairment and executing the provision. Being able to recognize impairment and properly ordering reasonable suspicion tests is critical for your organization to avoid any legal issues.

Additional training is available to help you create a detailed Workplace Drug and Alcohol Policy that includes an in-depth reasonable suspicion provision. Reach out to us at Blueline Services today to get started.

The post Why a Reasonable Suspicion Policy is Important appeared first on Blueline.

A California-based background screening company has recently learned this the hard way. The firm has found itself on the hook for providing inaccurate background information. The company received background records from a third-party vendor and didn’t take steps to confirm their accuracy. How would something like this affect your business? Could you recover if you are faced with fines running into the millions of dollars?

The need for background and drug screening is higher than ever. Employers need to provide a safe workplace, and screenings help with that.

Choosing a credible background screening provider should involve more than a quick glance at Google. There are companies out there that don’t see anything wrong with cutting corners. When working with compliance issues, there is no corner-cutting. Blueline Services provides thoroughly researched and vetted reports that are relevant, up to date, and most importantly, credible. Our platform will give you accurate, easily navigable reports to ensure you stay within compliance.

The post Why Having a Credible Screening Provider Matters appeared first on Blueline.

There are several ways to approach the Super Bowl at work and increase employee engagement. The Monday after the game has more people calling out sick than any other day of the year. According to a survey conducted by Office Team, 72% of HR professionals want the day turned into a holiday. Until that happens, let’s look at some tips to help you keep your employees engaged and at work.

1. Plan an employer-sponsored breakfast. You will get more people into the office if you give them a positive experience as soon as they arrive. The breakfast will also give them the chance to talk about the game with their co-workers without taking up productivity time.
2. Entice employees into the office by running a super bowl raffle. Have everyone fill out a ticket and put their guess at the games’ score, who will win the MVP, etc. Announce the winner Monday morning with the caveat that the employee must be present to win.
3. If your company can afford it, give your employees a late start on Monday. Everyone needs to come to work, but the start time could be delayed by a few hours. This not only builds morale; it also gets far more people into the office.

Things to be aware of while planning for the Super Bowl:

1. Reasonable Suspicion: In years past Blueline has seen a significant spike in positive alcohol and drug tests the week after the super bowl. Keep your workplace safe and be mindful of safety-sensitive positions within your company.
2. Office Pools: Office pools can lead to legal issues if not properly implemented. Check to ensure your company has a policy that complies with local and state laws. You can be more strict, but don’t allow pools if they’ve been deemed illegal by the state.
3. Revenue costs: The number of people who call out sick causes a total loss of revenues over $2 billion dollars. A survey done by Challenger, Gray, and Christmas found that the dollar figure could rise even higher in the years to come.

The Super Bowl can be fun. It can also make the workplace more enjoyable for a few days. Keep your employees engaged with work while still having fun. Not only will you be more productive, but you’ll also have better retention rates as well. Blueline Services can help with background and screening checks to make the employers’ guide to any event simple and straightforward.

The post The Employers’ Guide to the Super Bowl appeared first on Blueline.

The California Department of Fair Employment and Housing has updated the state’s criminal background check rules to expand California Worker Protections. The new rules expand the scope of the Fair Chance Act and let employers know they intend to enforce the new regulations.

New Legal Requirements

The newest updates create worker protections dealing with Covid-19, criminal background check stipulations, and rules for providing notifications to candidates. The California Worker Protections Fair Chance Act prohibits the majority of employers from inquiring into a candidate’s criminal past before a conditional offer of employment has been made. Employers can’t include any questions that request the disclosure of criminal history to ensure the candidates are being judged on merit and not past indiscretion.

Arrests that didn’t end up with convictions may not be used as consideration for employment, with a few exceptions. The employer can’t revoke a job offer until they have reviewed and conducted an individualized assessment while providing the candidate time to respond to the allegations before the employer can make a final decision. After the assessment, if the employer revokes the offer, they must wait five business days for the candidate to respond.

The employer must notify the candidate in writing if the offer is denied. This is only after the fair chance process has run its course.

Why It Matters

Employers should make sure that all screening and hiring policies and processes are updated and revised to align with the DFEH’s guidance. Employers who rely on a candidate’s criminal history to make an employment decision must follow the Act’s specific personalized assessment and notice requirements. Background screening options that identify the potential impact of the fair chance act might help mitigate the risks of regulatory action, hearings, or other exposure that can harm an employer’s brand and status.

The post California Worker Protections and the Fair Chance Act appeared first on Blueline.

Workplace Injuries are Climbing

Manufacturing, construction, and transportation sectors tend to have higher rates of injury than most due to the industries’ nature. As a result of accidents happening at work, the employee and the employer face challenging times ahead.

The loss of salary, time, and increased healthcare expenses all contribute to the stress and worry of dealing with injuries. While several things can cause workplace accidents, drug and alcohol usage is a rising factor in on the job accidents.

Positive Tests on the Rise

An analysis from the Quest Diagnostics Drug Testing Index shows a significant increase in positive tests over the last five years. The number of people working under the influence of drugs and alcohol is on the rise as well. The safety-sensitive workforce is experiencing the highest levels of post-accident positivity rates as measured by the Department of Health and Human Services (HHS).

Drug Testing Programs

Drug testing programs can help an employer’s lower workplace accidents and injuries. Pre-employment drug testing is a great way to keep potential users from even applying for the job. Focusing on workplace safety initiatives within your company should include a drug testing policy. It will show prospective employees that you care about the health and well-being of all the employees.

There are several positive reasons to implement a testing program. The most important reason is the safety of your employees.  A safe workforce is a productive one.

The post Workplace Injuries On The Rise appeared first on Blueline.

We wanted to remind you that beginning in January your background check applicants will start receiving 613 Letters.

The basic premise of this is that we will notify applicants when any matter of public record is found on a background check that may affect their hiring or promotion. This new practice will have little to no impact on you as an employer.

This is deemed a “best practice” policy that will help you as a client stay on the right side of any employee/applicant challenge or complaint as it pertains to background checks.

One adjustment that will need to be made with this new policy is making sure a space is added to ask for email addresses from all applicants/employees for background checks beginning on January 1st 2020. This will allow Blueline Services to manage the reporting and compliance aspect of the 613 Letter.

A new authorization form with an added email address field is available in our system under the HELP tab. You should be able to download the new form there.

If you have any questions regarding this letter, please feel free to reach out to our backgrounds team at backgrounds@blueline-services.com.

Thank you,

The Blueline Services Team

The post REMINDER: 613 Letters to begin next month! appeared first on Blueline.