Several times this week I was asked by clients how they can administer to their employment screening needs given the Medical Marijuana allowances in fifteen states right now.   The inquiring clients were from California and other states and wanted to know if they could refuse to hire someone who had tested positive on his drug test.  As employers use the drug test as a background check for both their own concerns and compliance reasons–where they have a contract with a larger entity or government agency–there is bound to be confusion concerning positive for marijuana.

So I am posting this article again.  While much is currently tied up in the courts, and while we won’t have any real resolution concerning employment screening and medical marijuana for a number of years, here are some guidelines I posted previously.  That article was entitled,  Advice About Updating Your Employment Drug  Test Policy.

Here is an excerpt–

there are three possible  reasons to update your company drug and alcohol testing policy

1. The impact of Medical Marijuana on your program;
2. ADA amendments that now impact your program; and
3. New DOT rules.

If you have not addressed these issues, you must do so. Here’s what is happening:

This was an article I wrote not that long ago concerning Medical Marijuana, the changing state laws, and how it may have an impact on employment policies.  Given the number of states that are implmenting medical marijuana laws, I thought it was worth revisiting.

The article is entitled…Advice About Updating You Employment Drug Test Policy.

Here is the heading…

Drug Testing is always a hot button issue.  It is a background check where, like with employment credit reports, people have strong opinions.  Employer zero tolerance drug policies have in recent years duked it out both in the courts and the workplace with the medical marijuana advocates.   Real issues regarding employees with legitimate reasons for using medical marijuana are contesting the harder edge policies on the part of most employers.

Here is a posting from our recent public relations release, noting how we at Corra Group are now a full stop background checking service for DOT compliance in the trucking and transportation industry.  Corra Group will conduct everything from criminal background checks, to Motor Vehicle Driving Records, DOT compliant Employment Verification, and DOT Drug Tests.

Here is the link to the new PR Release.

As a background checking service, we at Corra Group are often asked questions about the legitimate utility of background checks for employment screening purposes.  Employers will often ask us specific information as well as asking for general information with regard to the proper way to conduct pre-employment screening.  Most employers are well intended and certainly with to remain compliant with federal labor statutes and the Fair Credit Reporting Act.

So here are some answers to some frequently answered questions.  The answers are courtesy of the Small Business Administration or the SBA.

Background checks: How far can you go?

Issue:   Your company is opening a new branch office and getting ready to hire workers. You would like to conduct background checks to get more information on the candidates in order to make informed decisions. What is permitted when checking applicants’ background and work history?

Se here is some answers to some frequently answered questions.

Answer:           Employers do not have unlimited rights to investigate applicants’ backgrounds and personal lives. If an individual’s privacy rights are violated, he or she can take legal action against you. The following list summarizes the types of information that employers often consult as part of a pre-employment check and the laws governing access and use for making hiring decisions.

•           Credit reports. Under the Fair Credit Reporting Act (FCRA), employers must obtain an employee’s written consent before seeking an employee’s credit report. If you decide not to hire or promote someone based on information in the credit report, you must provide a copy of the report and let the applicant know of his or her right to challenge the report under the FCRA. Be aware that some states have more stringent rules limiting the use of credit reports.

•           Criminal records. To what extent a private employer may consider an applicant’s criminal history in making hiring decisions varies from state to state. Because of this variation, you should consult with a lawyer or do further legal research on the laws of your state before probing into whether or not an applicant has a criminal past.

•           Lie detector tests. The Employee Polygraph Protection Act prohibits most private employers from using lie detector tests. The law includes a list of exceptions that apply to certain sensitive businesses that provide armored car services, alarm or guard services, or manufacture, distribute, or dispense pharmaceuticals.

•           Medical records. Under the Americans with Disabilities Act, employers may inquire only about an applicant’s ability to perform specific job duties and cannot request an employee’s medical records.

•           Bankruptcies. Bankruptcies are a matter of public record and may appear on an individual’s credit report. The Federal Bankruptcy Act prohibits employers from discriminating against applicants because they have filed for bankruptcy.

•           Military service. Military service records may be released only under limited circumstances, and consent is generally required. The military may, however, disclose name, rank, salary, duty assignments, awards, and duty status without the member’s consent.

•           School records. Under the Family Educational Rights and Privacy Act and similar state laws, educational records (such as transcripts, recommendations and financial information) are confidential and will not be released by the school without a student’s consent.

•           Workers’ compensation records. Workers’ compensation appeals are a matter of public record. Information from a workers’ compensation appeal may be used in a hiring decision if the employer can show that the applicant’s injury might interfere with his ability perform required duties.

Source: U.S. Small Business Administration; http://www.SBA.gov.

Drug Testing is always a hot button issue.  It is a background check where, like with employment credit reports, people have strong opinions.  Employer zero tolerance drug policies have in recent years duked it out both in the courts and the workplace with the medical marijuana advocates.   Real issues regarding employees with legitimate reasons for using medical marijuana are contesting the harder edge policies on the part of most employers.

No matter.  It is essential that employers stay current and show willingness to update their drug screening policies.   These are certainly background checks that won’t be going away anytime soon.  So, with that in mind…

Here are three possible  reasons to update your company drug and alcohol testing policy

1. The impact of Medical Marijuana on your program;
2. ADA amendments that now impact your program; and
3. New DOT rules.

If you have not addressed these issues, you must do so. Here’s what is happening:

Medical Marijuana: Fifteen (15) states and Washington, DC, now permit the medical use of marijuana. At least 15 more states have legislation on this subject currently pending. Each state’s laws are different, ranging from no application to the workplace (California) to limiting employer action without appropriate policies in place.

ADA Amendments: The ADA Amendment Act of 2008 took effect on January 1, 2009. The regulations interpreting that law will take effect July 1, 2011. Unlike previous Americans with Disabilities Act (ADA) rules, these new rules directly impact workplace drug testing in two ways:

1. the substances for which you are permitted to test (limited to DHHS-5, amphetamines, cocaine, marijuana, opiates, and PCP), and
2. you can no longer have general rules requiring employees to report prescriptions.

DOT: There have been a number of DOT program updates over the past two (2) years. If you have employees who are required to have a commercial drivers license (CDL) as a requirement for employment, you should update

So stay current.  Stay aware.  And check them out before you hire.

Talk about  pre-employment screening and the use of credit reports has stirred up much controversy.  Some states have prohibited employers from running credit reports on prospective employment candidates unless there is a direct relation between the employment position and the reason for the credit report.   If the employment applicant is working in finance, for example, it would be okay to run the credit report.  But if the person was part of the customer service group, probably not.

Some of it is murky.  What about the non-financial employees who have access to proprietary data, client credit cards, company funds?  What about those working in inventory who may skim merchandise for sale out the back door?  All reasonable questions with no real answers. Eric Sandberg, on the Fox Business website writes,  6 Myths ABout Credit Report Checks By Employers.  In her article, Sandberg sets them up and knocks them down.

So before the rhetoric heats up too much about how it’s the employment credit reports that discriminate and keep qualified people form finding work, this is an article worth reading.

Here is the link to 6 Myths About Credit Report Checks By Employers.

There is the belief that the employment credit reports, serving as background checks, discriminate.   They discriminate because those who had a rough time during the economic downturn will find their credit diminished and will therefor find it that much harder to get a job.   There is the belief that since those in ethnic minorities often have worse credit than others, they too will suffer finding work.

The fact is that the myth of the abuse of credit reports for employment screening is just that, a myth.  The fact is that only 13% of all employers pull credit reports on all employment candidates.   There are other myths, about how bad credit is regards, whether is truly hurts your job prospects, and whether it further diminishes your credit.

Erica Sandberg, for the Fox Business News Website, posted a well thought out article entitled,  6 Myths  About Credit Report Checks By Employers.   It is well worth reading.  For those who believe background checks and employment credit reports may be the main reason they are not finding work, they should definitely read the article.  Recruiters and human resources managers should also read it.   Well worth it for the information.

Most employers who conduct drug tests as a background check for their employment screening do so only at the time hire.  There are exceptions of course, and then there are the exceptions where drug tests are mandated for contractors who are working at hospitals, defense industry related companies, or with companies who otherwise have federal contracts.  But for the most part the drug test is part of the preemployment screening program.

So people smoking dope, after they get the job is not the most exceptional thing you will ever hear about.   And with many states now allowing for medical marijuana,  there are some gray areas about drugs in the workplace.    Certain respective rules and oversight are still in debate about what constitutes an employee’s rights versus employer’s rights and potential safety hazards on the job.   These are being hashed out in courts and the process will probably continue for a number of years, before uniform standards, if ever, are adopted.

All that being said, this is a great story, a true story, Ian Welsh was kind enough to share on Toobox.com.   The article is entitled, Workplace Shenanigans–The Pot Calling the Kettle Black.   It’s  a very entertaining recount of one employee ratting out the other because he smoked marijuana on the job.  Of course, as the story progresses, we learn the snitch was sharing the marijuana with the person he snitched on.   Interesting.  Especially since the snitch wanted the employer to fire the other guy.

I don’t want the spoil the article for anyone, so I will leave it go at that.   Here is the link for the story.  I would encourage you to read it.    And for those curious, there is no background check for duplicity, except maybe reference verifications where the reference describes the employment candidate’s approach to the job.   Doubtful it will come up though as the reference is usually someone the candidate’s selected.  Anyway…have fun reading the story.

As a background screening service, Corra Group conducts a fair amount of drug tests.  Be it the different drug tests for employment screening, the Department of Transportation, or DOT compliant Drug Tests we arrange for candidates and drivers to be tested throughout the entire United States.   We provide this service for a good many healthcare industry staffing groups and hospitals, as in most cases these facilities require the twelve panel drug tests.  In all, we pretty much cover the waterfront on drug tests as part of background checks.

So it is small wonder we noticed this article on Fox News where states are considering mandating drug tests for welfare recipients.   The idea, I suppose, is so that welfare recipients don’t exchange their scant cash and food stamps for illicit drugs.   At that, I am reminded of the old John Prine song, “There’s a Hole in Daddy’s Arm Where All the Money Goes.”    It’s strange sometimes what flashes into one’s brain.   But, yes, there is some logic to mandating drug tests for welfare recipients as the states do not want to see what little money they have in tough economic times going for drugs and not milk and such for the kids.    Surely tax payers, already stretched in a  bad economy, are in no mood to see their tax money being paid out for illegal drugs and not food and essentials.

The other issues is whether drug addled welfare recipients will ever be able to put themselves back on their feet.  If they are addicted or just stoned all the time, it’s hard to gain the necessary skill sets or find even a menial job.  Not when the economy made even menial jobs so hard to come by.

Certain advocates see it different.   Advocates for the poor and civil groups believe Poverty the strategy could backfire.  Some needy folks would be discouraged or less inclined to seek  financial aid, which presumably would make desperate situations  that much worse.  Is this a way of justifying that welfare recipients should have their drugs and their food to eat?  I don’t know.  I certainly see that as a point of contention for those concerned with cutting government budgets and expenditures.

It will be interesting to see how this plays out.   I would love to read opinions on this one.

Read more: http://www.foxnews.com/story/0,2933,510707,00.html#ixzz1I1VYWze0

In Placerville, California, the school board is selling discounted drug tests to concerned parents.  According to an article on the CBS Sacramento website, nearly half the students in the Placerville  high schools are using marijuana.    I guess this shouldn’t be a big surprise, especially in a state that nearly legalized pot in a recent referendum.

But to see if their kids are stoned, parents are getting a deal.  Forty dollar drug tests are just ten bucks, a very fair price for this sort of background check.  The drug test is of the ten panel variety and tests for marijuana, methamphetamines, ecstasy, cocaine, and other drugs.

This is a smart move on the part of the schools.  Although, I am sure the students are not entirely thrilled about this.  The other thing, once you do find out your kid is smoking dope, then what exactly do you do about it?   That, in the end, is the question.

Here is the latest Corra Group Press Release.  I have included the link as well as the release itself.   http://www.prweb.com/releases/2010/12/prweb4842214.htm

Los Angeles) Corra Group announces full range background screening service for the  trucking and transportation industry.  In its efforts to best accommodate DOT Compliance Standards, Corra Group will now furnish to the transportation industry, every related service for truckers, ranging from motor vehicle driving records to DOT related physicals.

“Department of Transportation compliance standards are time consuming for truckers,” said Gordon Basichis, Co-Founder of Corra Group.  The DOT requires truckers to conduct Motor Vehicle Driving Records (MVRs) on all drivers every twelve months.  All drivers must undergo DOT drug tests, and employers must conduct employment verifications going back at least three years.

“Corra Group helps employers meet all DOT mandates for each driver as well as the standards established specifically by each trucking and transportation company,” said Basichis.  Our user friendly one-stop service for these DOT related background checks should prove a boon to truckers in need of our service,” said Basichis.

“Our employment screening service includes drug and alcohol tests plus the automated  DOT random drug testing management system.  Additionally, we offer employment verification, and DOT compliant physicals, as well as criminal records background checks.”

With trucking and transportation clients spread around the country, services all fifty United States and Canada.  The comprehensive background checking service can accommodate any trucking company, large or small.  Corra Group works with national leaders in the drug screening industry to arrange for drug testing in proximity to our clients’ offices.

Corra Group first saw its trucking services expand when insurance companies found it no longer viable to run Motor Vehicle Driving Reports as an accommodation for its for truckers and commercial drivers.   Over time the Corra Group has offered truckers additional background screening services.  Most DOT background checks turnaround in two to four business days.  MVRs are instant for most states.

As the economy begins to recover and more manufacturers ramp up, trucking firms are starting to hire again.   As a one stop background checking service and  with an understanding of the transportation industry, Corra Group can provide any type of background check to truckers nationwide.

BACKGROUND: Corra operates as Corra Group and specializes in pre-employment and corporate research and investigation.  It is one of the few companies that will answer the phone.  You can review the website at www.corragroup.com.