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 IN THE NEWS:

Criminal Case Files Go Online

The Judicial Conference of the United States has released a guide for allowing remote electronic access to criminal case files. The guide states that if a document would be available to a member of the public at the courthouse, it should be available through the court’s electronic access system. It also calls for the redaction of Social Security numbers and other sensitive data, and explains the types of documents – such as arrest warrants and juvenile records – that will not be available electronically. A separate document provides a model rule for compliance. http://www.securitymanagement.com/ - see ‘Beyond Print.’

Background checks might be worth the price

Unlike Wal-Mart, many South Carolina. companies require background checks for their workers, employment lawyers say. Columbia employment lawyer Franklin Shuler Jr. suspects Wal-Mart doesn't do extensive checking because its large size and high employee turnover would make it very expensive. But it is a risky policy for any company or nonprofit organization not to do background checks, he said last week. It only takes one case for people to see the light," said Shuler, who works for the 59-lawyer firm of Turner Padget Graham & Laney.

Wal-Mart, the nation's largest retailer, is the target of a Richland County lawsuit that claims the company allows pedophiles to work in its stores because it doesn't do criminal background checks on most employees. Click Here To Read More

 
 COMPETITIVE WATCH:

New Product

Rapfinity is a new online criminal records search that includes an instant search of alternate names associated with an applicant’s social security number. Developed by Rapsheets Criminal Records of Memphis, Tennessee, the search verifies a subject’s identity, lists alternate names used by subject, lists prior addresses, and reveals a history of criminal records associated with alternate names. It uses the company’s RapEngine technology, which searches a third-party database for all names and addresses associated with the Social Security number. The system then searches its own criminal records database using all those names. Results are returned in an easy-to-read format within seconds - 866/277-9287.

www.asisonline.org June 2004

Global Detection & Reporting Introduces New High-Tech Tool to Test Employees for Drug Use

Global Detection & Reporting has a tool long used by law enforcement agencies that is wiped on surfaces in an attempt to detect cannabis, cocaine and other controlled substances. The wipes, not unlike home pregnancy tests, are sensitive enough to pick up trace amounts of the drugs.

The tests have gained attention, as they are both cheaper than a traditional urine test and less personally invasive. It’s all completely legal and on premises drug testing of all kinds has, for the most part, stood up in court battles. www.csoonline.com

 
 LEGAL ISSUES:

Recent Legal, Financial and Other Developments Have Made the Task of Completing Background Checks More Challenging

In the old radio program, the Shadow always knew what evil lurked in the hearts of men. In the real world, however, uncovering evil is much trickier. One of the avenues that mere mortals can pursue in their efforts to unmask miscreants is the background check. Especially useful is the criminal records search, because as Connecticut Attorney General Richard Blumenthal commented in defending against a challenge to the state’s sex offender registry law, “The single most reliable predictor of criminal behavior is the fact of a prior criminal history.”

Searching criminal records is not a quick and easy task, however. The process is time consuming and complicated by numerous financial, political, legal and procedural barriers. Many parties object to the public availability of these records and work to block such access.

Private Security Officer Employment Authorization Act of 2003 Senate Bill S1743

The bill will permit employers to request criminal background checks on applicants for security officer positions. The request would be made through state agencies, and the checks conducted through the FBI’s Criminal Justice Information System. Employers requesting the checks would be required to pay for them, thus states would not suffer from unfounded mandate. The bill would provide for the protection of an individual’s privacy by requiring an applicant to provide written authorization to an employer before such a background check would be permitted. Click Here To Read More

Q: What does HIPAA cover with regard to random drug screens?

We recently sent an employee for a random drug screen. He submitted the sample, but did not return to work. He then wrote a letter to the physician that collected the sample and asked him not to release the results. The physician will not release the results fearing a lawsuit. Click Here To Read More

 INDUSTRY UPDATE AND OTHER INTERESTING STUFF 

Background Investigations

A recent survey found that slightly more than three-fourths of the respondents conduct a thorough background investigation of prospective employees. Of the 78 percent that perform background checks, the following techniques are used: previous work history (82 percent); criminal background check (75 percent); motor vehicle record check (58 percent); and credit history (27 percent). Only 7 percent of the respondent’s organizations use psychological testing during the hiring process.

Source: 2004 Workplace Violence Survey & White Paper, May 2004, American Society of Safety Engineers

The Employment Management Association Evolves into SHRM Special Interest Chapters, Groups

Across the country, employment professionals who were once part of Employment Management Association (EMA) regions are joining specialized groups to continue networking and using resources and services from the Society for Human Resource Management (SHRM). Once part of the SHRM Professional Emphasis Groups (PEGs), the new groups will be part of either a Special Interest Chapter that are autonomous SHRM chapters and/or Special Interest Groups which are part of an existing SHRM chapter. Click Here To Read More

Latest Research from SHRM Shows Major Increase in Importance of “Feeling Safe at Work”

The latest research by the Society of Human Resource Management (SHRM) on job satisfaction shows a major, unexpected increase among employees in the importance of “feeling safe at work.”

Although feeling safe at work was not a leading concern for workers surveyed two years ago, it is now at, or near the top of the list for employees in almost every demographic and industry category, according to the results of the 2004 SHRM Job Satisfaction Survey. It is the number one issue for women, and for older workers it is tied for first place with concern about benefits.

Overall, feeling safe at work was ranked as a “very important factor” in job satisfaction by 62 percent of all employees surveyed for the 2004 study, up from around 36 percent in 2002. Click Here To Read More

HRhero.com Weekly Poll - “Do you do criminal background checks on job applicants?”

In a recent poll of readers the question “Do you do criminal background checks on job applicants?” was asked.

1,105 Respondents replied:

57% For all jobs
05% For most jobs
16% For some jobs
22% Never

Identify Theft – Passwords Hidden in Plain Sight

A computer never forgets a password. This could pose a security problem if staff with limited access privileges were to figure out how to access the plain text passwords in the computer’s database, according to Abhishek Kumar, who authored a paper about this vulnerability.

Passwords are typically encrypted while on a hard disk but are sometimes not encrypted in memory. “Thus attackers with local access to the system can read and extract passwords” using free tools such as memory viewers, explains Kumar, a researcher with Web-security company Paladion, which is based in Mumbai, India

If a user with limited privileges gained access to those passwords, they could fool the computer into treating them as high-level users.

Extracted from WWW.ASISONLINE.ORG- See http://www.securitymanagement.com/ “Discovering Passwords in the Memory”

Protecting Trade Secrets:

Protection of trade secrets from misappropriation by employees or competitors has long been established under common law. The Uniform Trade Secrets Act now adopted (sometimes with modifications) by 45 states, embodies and strengthens those common law protections. The Economic Espionage Act goes even further by providing for criminal sanctions, but prosecutions under that statute have been rare, and some of the sentences imposed have been light. Click Here To Read More

Steps Businesses Take To Protect Trade Secrets

51% Employees sign nondisclosure agreements
35    Departing employees reminded to protect trade secrets
30    No steps taken to protect trade secrets
19    Written policy developed of protecting trade secrets
13    Procedures developed for reporting/investigating trade secret violations
11    Employees trained on laws prohibiting disclosure of trade secrets
09    Violations of trade secret policy punished
07    Employee communications monitored for trade secret violations
07    New employees sign document agreeing not to disclose previous employer’s trade secrets

Source: Society for Human Resource Management Weekly Online Poll, March 9, 2004

Bad Checks
More organizations are investigating criminal histories and other public records to make hiring and firing decisions. It's up to CSOs to make sure this powerful but flawed weapon doesn't backfire.

In less than three years, James R. Gorman went from being a newbie investment manager to the lord of $100 million in client accounts for The Vanguard Group, one of the nation's largest and most respected mutual fund companies. When Gorman's Pennsylvania insurance license came up for renewal the company conducted a routine background check and found a problem. James R. Gorman had pleaded guilty to loan and credit card fraud. He was a convicted felon.

So Vanguard did what any financial services company would do: It fired him.

There was just one problem: They got the wrong guy. http://www.csoonline.com/read/080104/checks.html

 PREEMPLOYMENTDIRECTORY.COM

New Featured Customers:

 PREEMPLOYMENTDIRECTORY.COM - Special Fall Pricing

All firms that either renew or sign up for Platinum level services by the end of November 2004 will get a Platinum Listing at the special price of $350.00 for NAPBS members or $500.00 for non members including a front page listing for their logo on both the alphabetic and geographic sections. Be sure to sign up to for this great value and to avoid 2005 price increase.

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  • A listing with your firm’s name, address, telephone number and web site URL
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  • Direct sales contact name, phone and email link
  • 4 color company/product Logo
  • Priority positioning above general listings plus First Page listing in Alphabetical section
  • Unlimited Free updates to your listing throughout the year
  • Option to post Articles that will be featured on home page with a link to your description

 NEW INTERNATIONAL SECTION

Due to the increasing focus, importance and need to know who you are hiring in the international employment market we are proud to add to our Directory a section that identifies firms that are conducting International background checks. Don’t miss this opportunity to showcase your firm’s talent and leadership in conducting background checks for international clients. Check out the new section by going to www.PreemploymentDirectory.com and clicking on International Listings.

 ADVERTISING RATES FOR BACKGROUND BUZZ:

Click Here for More Information

 PRODUCT SHOWCASE:

New Software

The Ultimate Workplace Violence Prevention Policymaker A new tool that allows firms large and small to create a comprehensive policy for the prevention of workplace violence; all in about an hour. The policymaker software breaks new ground in that it offers a comprehensive solution for firms of all sizes and types; it goes beyond existing solutions that offer a generic solution, this extensive data resource base provides companies with the most complete and up-to-date information on workplace violence. Go to www.Workplaceviolencepreventionpolicy.com and mention Code BBZ007 during September 2004 and get a 15% discount on creating a workplace violence prevention policy.

Webinars

 CONFERENCE SPOT LIGHT:

The National Institute for Occupational Safety and Health (NIOSH) is convening for the first time, a conference on the topic of Workplace Violence, Partnering in Workplace Violence Prevention: Translating Research to Practice – November 15-17, 2004 in Baltimore, MD. NAPBS member W. Barry Nixon will be speaking on ‘Employee on Employee Workplace Violence.’

The Background Investigator’s 2004 3rd Annual Pre-Employment Screeners Conference, Fall Session, November 14-17, 2004. Network with Your Peers and Vendors. Call Now to Register 1-866-909-6678.

ASIS International 2004 Annual Seminar and Exhibits, September 27-30:
- Background Investigations in the Workplace: A Legal Update, Angela Bosworth, JD
- Benchmarking Pre-Employment Screening Practices: The Good, the Bad and the Ugly, W. Barry Nixon, SPHR
- Safe Hiring Audit -Implementing and Measuring Due Diligence, Lester Rosen, JD
- Pre-Employment Screening--Set Your Standards! Patti McGowan

 CALENDAR OF EVENTS: POST YOUR EVENTS FOR FREE

You are invited to post events that are related to Preemployment Background Screening to our Calendar of Events located at http://www.workplaceviolence911.com/Calendar/calendar.jsp. All postings are free and you can self post.


 


The Background Buzz is published by the National Institute for the Prevention of Workplace Violence, Inc. as a service to the Preemployment Background Screening Industry. All logos highlighted in ‘New Featured Clients are the sole property of the companies named and copyright protected by the respectively named company. Direct questions, feedback or request to be added to or deleted from our distribution list to wbnixon@aol.com.