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.

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.

The post DOT Update- You Should Take This Seriously appeared first on Blueline.

Drug overdoses can happen anywhere, and the workplace is not exempt from these problems. The National Institute for Occupational Safety and Health (NIOSH) reported that drug overdose deaths at work have increased for seven years in a row.

Drug Overdose Rates Soaring

Drug related deaths in the U.S. skyrocketed 30% in 2020 to a record 93,331. This means an average of 256 Americans died every day from a drug overdose. This surge of overdoses was not unforeseen as drug abuse is a continually increasing problem in the U.S.

The strongest approach to prevent workplace drug overdoses is to implement a drug testing policy for your company.

How Can Drug Testing Reduce Workplace Drug Overdoses?

There are many circumstances in which a company may conduct drug testing. Each of these strategies can be used to eliminate the chance of a workplace overdose.

• Pre-Employment: This test is used to establish illicit drug use by a potential hire. Your workplace is less likely to have drug problems if applicant testing becomes part of the hiring process.
• Random: A random selection process chooses employees to perform drug testing. This will ensure employees are following your workplace drug policy.
• Post-Accident: This is performed after a workplace incident occurs. When a company has a post-accident drug testing policy, employees are less likely to consume drugs before or during work.
• Reasonable Suspicion: When there is evidence or reasonable cause to suspect an employee’s drug use, this test can be performed. Supervisors must complete a prior training course to report drug and alcohol symptoms.
• Return to Duty: This test may be used as a condition of a worker’s return to safety-sensitive duties after a company’s drug or alcohol policy has been violated. This will help prevent continued policy violations.

As drug overdose deaths are continuing to soar throughout the country, Blueline is here to protect your company. We can help navigate this sensitive subject by creating a drug testing program that is right for you.

The post How Drug Testing Can Prevent Workplace Death 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.

To see more detailed information on the difference between CBD and THC as well as current state legislation on CBD levels, check out our previous blog post that covers that here.

CBD or cannabidiol is one of around 400 compounds found in cannabis. And while CBD is a cannabinoid and shares some structural similarities with THC, it does not product a “high” like the THC portion of the plant does.

Because CBD does not create a high, it is perceived as less harmful. Many different products have emerged that contain CBD to help users benefit from its therapeutic and medical properties, such as:

-Oil (most popular)
-Beauty and health products
-Vapors
-Infused edibles (gummies, chocolates, etc.)

However, despite CBD being less harmful, it may still cause adverse reactions in some people. Reported side effects from human and/or animal studies have included:

-Fatigue/drowsiness
-Changes in appetite
-Decreased blood pressure
-Anxiety
-Possible endocrine disruption
-Altered immune function
-Dizziness
-Psychomotor slowing
-Diarrhea

Will CBD affect my drug test results?

Maybe. CBD itself would not show up positive on a drug test for marijuana or marijuana metabolite. However, in some states, CBD can contain up to 5% THC. If the CBD product contained THC at a sufficiently high concentration, there is a possibility that it could result in a positive urine drug test result.

It is also important to remember that the use of CBD or “medical marijuana” is still not considered an alternative medical explanation for a positive test result in federally-mandated drug tests. CBD is still classified as a Schedule I substance and remains illegal at the federal level.

As an employer it’s more important than ever to stay up-to-date in the always-changing landscape of marijuana, and most importantly, to make sure that your drug testing policies stay updated as well.

Please make sure that your company’s substance abuse policy is updated to clearly reflect your position on marijuana and the use of CBD products within your workplace.

The post CBD and Drug Testing 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.

What if you have an employee that lives in one state and works in another? How does this work with legal medical or recreational marijuana?

Being a multi-state employer means dealing with employees who work in different states and dealing with different laws and regulations in each area. It can definitely be a headache at times, especially when dealing with drug testing and medical marijuana.

The list of things employers need to know in order to stay compliant can seem nearly endless at times: state laws, federal regulations, city-specific regulations, workers’ compensation laws, employment laws, etc. This is made even more difficult with the recent changes to marijuana legalization.

There is no ‘one-size-fits-all’ solution for staying compliant, but employers should work hard to stay on top of their drug testing policy and make sure it is up-to-date with regularly changing state and federal laws.

How Do Laws Work Together? What If I Have An Employee That Lives In One State And Works In Another?

Unfortunately, there is no governing case law that outlines which drug use and testing laws trump others.

However, employers may find it useful to study court cases that have dealt with conflicting state laws in order to help inform their decisions. One court case that may help provide some insight about competing state laws is Olsen v. Push, Inc.

In 2014 Olson v. Push, Inc., the District Court ruled that drug testing should conform with procedures and practices prescribed in the state where the employment takes place and not those of the state where an individual lives or applies for employment.

However, this initial decision was reversed and remanded back to the District Court in 2016 by the United States Court of Appeals.

While neither of these decisions is binding, this case may be useful for employers to review for guidance.

We also strongly recommend keeping detailed drug testing policies in your employee handbook. You should have additional sections for each regulated jurisdiction in which you have employees. Again, this is where specialized legal counsel would be very beneficial.

Ultimately, multi-state employers need to find a way to comply with the individual laws in each state which they do business. And if you have employees that are governed by federal laws related to drug testing, like DOT or NRC employees, you need to comply with those federal regulations as well.

What Laws Should Employers Be Aware Of?

There are a lot of unusual and almost “hidden” laws sometimes within drug testing. While we still highly recommend consulting an expert within your own areas of employment, here are a few unusual regulations that could be good to take note of.

• Boulder, Colorado: There are specific restrictive drug testing laws that only apply to employers who operate within Boulder city limits.
• California: No statute that specifically regulates drug testing in the private sector exists. However, there is case law that affects who can be tested and under what circumstances. Random drug testing is permitted for safety-sensitive positions. (Note: San Francisco is another city that has its own separate ordinances for employers)
• Connecticut: A drug testing friendly state, though its law places restrictions on random testing and requires reasonable suspicion for all other types of testing. Employers must give all prospective employees written notice at the time of application of their intent to conduct a drug test.
• Colorado: No comprehensive law regulating or prohibiting drug testing. (Note: Boulder has its own separate regulations)
• Delaware: No comprehensive law regulating or prohibiting drug testing. An employer may not discriminate against a person in hiring, termination, or any term or condition of employment based on the person’s status as a medical marijuana cardholder.
• Illinois: Effective January 1, 2020, the Cannabis Regulation and Tax Act provides broad workplace protections for employers specifically stating that nothing in the act prohibits an employer from adopting a reasonable zero-tolerance or drug-free workplace policy. Employers that choose to discipline employees for being under the influence or impaired by marijuana must give the employee a reasonable opportunity to contest the basis of the determination that the employee was under the influence or impaired. Additionally, disciplinary action based on the use of legal substances outside of work is prohibited.
• Louisiana: Very few restrictions on employers, but employers are required to take adverse action based on a positive drug test use certified laboratories and specific testing procedures.
• Maine: Very rigid laws for employers with limits on when tests can be done, strict policy and employee notification rules, as well as statutes that mean all drug testing policies must be approved by the state labor department.
• Massachusetts: This state does not have a drug testing statute, though there have been landmark legal decisions that have shaped how drug testing can be conducted. The state’s narrow privacy law also impacts workplace drug testing.
• Michigan: Employers are limited in pre-employment testing to job applicants in “test-designated” positions including those requiring a commercial driver’s license, individuals operating machinery or emergency vehicles, and those with law enforcement powers. Post-accident testing is limited to accidents which result in death or serious personal injury and arise out of five specific situations. 
• Nevada: Effective January 1, 2020, it will be prohibited to deny employment because of a positive marijuana test. Certain exceptions apply for fire fighters, emergency medical technicians, or where an employer determines that marijuana use could adversely affect the safety of others.
• New Jersey: Employees are protected by an anti-discrimination clause in the Medical Cannabis Act that prohibits employers from taking any adverse action against a registered qualifying patient solely based on the individual’s status as a legal marijuana user. Employers must provide notice to applicants and employees who test positive for cannabis that they have the right to provide a “legitimate medical explanation” for the positive result within three days.
• New York City, New York: Beginning May 2020, employers in New York City will be unable to test job applicants for marijuana. There are several exceptions including for police officers, commercial drivers, and employees dealing with the building code.
• San Francisco: Random testing is totally prohibited unless required by a federal law mandating drug testing. 
• Texas: No limits are placed on the right of private employers to adopt drug and alcohol testing for their employees. There are limits, however, for public (government) employees.
• Vermont: Restrictions placed on random drug testing.

The post Multi-State Employers: Drug Testing Compliance appeared first on Blueline.

Why Do Employers Need A Query Plan?

In order to conduct queries within the Drug and Alcohol Clearinghouse, employers of CDL drivers and owner-operators must purchase a query plan.

The Clearinghouse final rule requires that employers conduct queries both as part of any pre-employment driver investigation and at least annually for every CDL driver they currently employ.

Please note that query purchases are required for designated consortia/third-party administrators (C/TPAs) to conduct queries on prospective and current drivers in the Clearinghouse and that C/TPAs cannot purchase queries on behalf of employers.

There is a $1.25 flat rate per query – including both limited and full queries. However, options are available for high-volume users.

To see more details about the Clearinghouse query plans, you can visit their website here.

The post FMCSA Drug & Alcohol Clearinghouse Query Plans appeared first on Blueline.

We thought that these statistics might be useful to consider as you strive to make or update your own workplace drug policies.

This NSC survey was taken by over 500 individuals that make decisions about workplace drug and alcohol programs for their companies. While 86% of the respondents agreed that opioids (even while taken as prescribed) impact job performance, only half (50%) of respondents felt confident about their company’s substance abuse policies and procedures.

Some other interesting statistics from the survey included:

-75% of employers have been directly affected by opioid use
-79% of employers are not very confident that individual employees can spot warning signs of opioid misuse
-One-third of employers have experienced an overdose, arrest, or injury/near-miss
-38% of employers have experienced absenteeism or impaired worker performance
–Despite widespread impact, only 17% of employers feel extremely well prepared to deal with this issue

Nick Smith, interim president and CEO of NSC said, “The opioid crisis is truly encompassing nearly every aspect of American lives. Today’s survey confirms that the No. 1 cause of preventable death is not just taking its toll on our home lives but companies across the country are also grappling with the impact of this epidemic.”

If you have questions about reasonable suspicion training or how you can help get your supervisors trained to handle drug and alcohol abuse within the workplace, please contact us! We’ll help you get it figured out. All Blueline Service clients have access to our FREE reasonable suspicion training materials.

You can contact our drug testing department at mail@blueline-services.com. Please feel free to take a look at NSC’s drug use guide as well here.

The post Employers Speak Up About Illicit Opioid Use At Work appeared first on Blueline.

We’ve outlined some simple steps on how to get started with background checks and what the process looks like! Hopefully these steps help answer some of your questions.

1. Establish A Background Check & Drug Testing Policy

The first step to running background checks is establishing a clear and consistent policy on how your background checks (and/or drug testing) will be performed. This will not only help protect yourself and your company from discrimination/liability issues, but it will also help your entire screening process run more smoothly and efficiently.

Your screening policy should be drafted by both your HR department and legal counsel. Together, they should be able to create a policy that will work for your specific needs, industry, and location. We also have a generic policy that we can send you to help you get started with drafting your own screening policy. SHRM is also a great resource for generic policy outlines. But please remember! Employment laws differ in different states or counties as well as within different industries so please make sure you are familiar with laws that may apply specifically to you.

2. Consent Form

The next step is to provide your applicant with a consent form. They must sign this in order for you to be able to legally perform a background check or drug test. Once you have received the applicant’s consent, you can then move on to the next step.

3. Run The Background Check Through Our System

Now that you have consent, you can run your background check! We have multiple options or ways in which you can run the applicant’s information through our system.

–ATS Integration: (integration option) Our system can easily integrate with a wide variety of applicant tracking systems and HR software. This means that you can easily access screening data about your applicant from within your system.
–Quick App Pro: (link option) A lot of our clients feel that this is the easiest and best option. If you want to use QuickApp Pro, we will set up a customized link for your account. This can include your logo and custom verbiage for your clients. You can embed this link into your website or email it out—whatever is easiest for you! With this option, the applicant’s information will be sent electronically into our platform where we can process the background. We will then email you the results with a flag or not flagged status.
–Quick App: (email option) This option is also a great way to save time and cut down on potential mistakes. You will need to login to our platform and input your applicant’s first and last name along with their email address. The platform will then send the applicant an email asking them to complete their background check. We can set this emailed link to expire in however many days you would prefer.
–Manual Entry: (entry option) The entry option does require a little bit more work and review for you, but we still have a variety of clients that utilize this option. With this option, you have the applicant fill out a paper authorization form and then enter all of that information manually into our platform for us to process.

If you are not a client with Blueline Services, please ensure that your screening provider is a certified FCRA-compliant Credit Reporting Agency. The Fair Credit Reporting Act has established guidelines and regulations that screening providers must adhere to under federal law.

4. Receive Results & Make A Decision

Our system will help you stay up-to-date on any progress with your applicant’s screening. Once we have performed all of the checks and verifications you selected in your screening package, we will send you an email with a link to your applicant’s screening results.

After receiving the results, you are then able to make a more informed hiring decision!

(Please remember that in states where ban-the-box rules apply, you must make a hiring decision first before running a background check.)

4. Follow Pre-Adverse And Adverse Action Requirements

If you decide to hire the applicant that you ran the background check on, then you are good to go! The screening process for hiring that applicant ends here and you are able to send them an employment offer.

However, if you decide to deny an applicant based on findings from your screening report, you must send that applicant both a pre-adverse action letter and adverse action letter. This gives the applicant a chance to review and respond to the findings within their background check. Applicants are given 30 days to appeal if they feel a mistake has been made.

Within our screening system you are easily able to send out both automated pre-adverse and adverse action letters. They are available within a dropdown menu in our system.

After your decision has been made, send out the pre-adverse action letter in order to inform the applicant of your denial and give them a chance to appeal. Then, after a reasonable amount of time has passed for the applicant to be able to respond to the letter (around 3-6 days), you can send the adverse action letter. (please note: the applicant will have a total of 30 days from when the initial pre-adverse action letter was sent to appeal the findings)

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Those outline the basic steps to running employment background checks. If you have any further questions about this process or need to get started with your own screening process, please don’t hesitate to reach out!

Have questions about what’s included in an employment background check? Take a look at our post here about some basic employment background check options!

The post How To Run Employee Background Checks: A Simple Guide appeared first on Blueline.