October, 2008 Vol 1, Edition 10

 
 

The National Association of Professional Background Screeners (NAPBS) mid year conference was held earlier this month in Scottsdale, Arizona, and we are proud to be a Founding Member of this organization. Since its inception in 2003, NAPBS has grown to over 700 members representing all 50 states and several foreign countries. 18 educational workshops were conducted allowing us the opportunity to stay up to speed on issues critical to our clients and our industry. Of particular interest to us was the two (2) hour workshop on E-Verify conducted by Mr. Aaron Rader from the Department of Homeland Security and FCRA Compliance including the Red Flag Rules which go into effect on November 1st presented by Pamela Devata of Seyfarth Shaw. If you would like more information regarding E-Verify or the Red Flag Rules, please contact me.


Human Assets South
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FAX: 770-614-4447
www.hasouth.com

 LEGAL ISSUES

School Workers Paying To The Piper: Searches Of Old Criminal Records End School Jobs School Workers

Sweeping changes in state laws intended to keep students safe have uncovered criminal offenses -- some decades old -- that are costing school employees their jobs. The impact has been especially evident among non-teaching employees who, until this year, did not have to undergo the kind of comprehensive background checks done for teachers. Now, staffers such as custodians, secretaries and cafeteria workers may face dismissal for newly unearthed offenses committed years ago. Statewide, it's unclear how many school employees are in facing this predicament. The Ohio Department of Education doesn't keep track of non-licensed employees, and a union representing such non-teaching staff also had no tallies available.

Click here to learn more about Ohio laws about school records checks http://blog.cleveland.com/metro/2008/09/searches_of_old_criminal_recor.html

Global Manpower Employment Outlook Survey Reveals Employers in 25 of 33 Countries and Territories Surveyed Set to Slow Hiring From Three Months Ago

Outlooks remain relatively stable in France and Germany while job prospects expected to weaken from three months ago in the U.S. and U.K.Job seekers can expect a slower fourth-quarter hiring pace in the majority of the world's labor markets, revealed the Manpower Employment Outlook Survey of global hiring trends released today by Manpower Inc. (NYSE: MAN). While more subdued employer hiring forecasts continue to reflect current economic challenges and uncertainty, reports from employers in Austria, Belgium, the Netherlands, Canada, France, Germany and Sweden indicate that hiring in many markets is expected to be steady in the next three months. "The recent downturn is weighing on the minds of employers. They are not conducting widespread layoffs across all industry sectors, which is encouraging; yet, we are not seeing much appetite to add staff either," said Jeffrey A. Joerres, Chairman and CEO of Manpower Inc. "Some key markets, such as the U.S., U.K. and Spain are clearly struggling to gain traction in the current downturn, while others, such as France and Germany, appear to be holding their own. In the coming months we will continue to see employers around the globe making do with the people they have, finding ways to contain costs and being very cautious about hiring decisions."

For More Information Go To: http://www.manpower.com/investors/releasedetail.cfm?releaseid=333065

 DRUG TESTING ISSUES

DOT Delays Implementing Direct Observation Requirement in Return-to-Duty and Follow-Up Drug Tests

Recognizing that “direct observation” collections “are, and always have been, controversial,” the U.S. Department of Transportation announced on August 26, 2008, that it was delaying until November 1, 2008, the effective date of a provision of its new drug testing rule (section 40.67(b)) requiring that employers assure all mandated return-to-duty and follow-up drug tests be conducted under such observation. In the meantime, DOT is seeking comments on this aspect of the rule until September 25, 2008. After that, it will “reconsider” this section and “may retain, eliminate or modify it,” according to a notice published in the Federal Register. For now, using direct observation for such tests remains discretionary. DOT’s action came in response to petitions filed with the Department by transportation industry and labor groups. The rest of the new rule, however, including the more intrusive procedure for “direct observation,” remains effective as of August 25th.

For More Information Go To: http://www.jacksonlewis.com/legalupdates/article.cfm?aid=1480

Using Drugs? Your Touch Will Give You Away

John Consoli wants to get rid of drugs in the workplace, one telephone handset at a time. - Consoli, is the president of On Site, whose company markets DrugWipe, a handheld narcotic detector. Just swipe the DrugWipe against a keyboard or any other surface, Consoli said, and the toothbrush-size detector can tell whether anyone who has touched the surface in the past 72 hours had drugs in his or her system. "It is 100 percent accurate," Consoli said. "It is the only product that I know of that is defensible in court."

To Read The Whole Article Go To: http://www.tampabay.com/news/business/workinglife/article818862.ece

 DATA PROTECTION, FRAUD & THEFT

Out of the Breach

New employees attending orientation at Atlantic General Hospital in Berlin, Md., barely have time to gulp down their first cups of coffee before Jim Brannon begins talking about privacy. The human resource chief at the 51-bed hospital serving the mostly rural population on Maryland’s Eastern Shore, Brannon begins a cautionary tale that hits home with his mostly female audience: At another small hospital a decade ago, he recalls, an irate patient called to complain that an employee had approached her in a group at church and congratulated her on being pregnant. The problem: The mother-to-be hadn’t told her friends and family. “This is a small town. People talk, and they want to be caring,” Brannon told two dozen new employees last May. “But that doesn’t mean they don’t deserve privacy.” The stakes are high for a hospital where an indiscretion by a single loose-lipped employee can result in huge penalties under the Health Insurance Portability and Accountability Act (HIPAA). Brannon says preventing slips has become a critical part of his job -- on par with traditional HR duties such as compliance with wage and hour laws.

For More Information Go To: http://www.shrm.org/hrmagazine/articles/0808/0808zeidner.asp

Why People Cheat

Wouldn’t it be nice if people prone to fraud had the letter “F” stamped on their forehead? You could monitor them closely and make sure they never had access to the accounting books or other sensitive information. Unfortunately, potential fraudsters are never that obvious. In many cases, employees who commit fraud are the most likable people in the office — personable, helpful and good at their jobs, as well as seemingly trustworthy. But fraud doesn’t begin with dishonesty; it begins with pressure. The pressure may be internal (corporate demands to meet revenue goals) or external (a desire to keep up with the wealthier Joneses), but it’s strong and unrelenting. One of the best defenses that may help keep fraud at bay is a strong antifraud environment. A culture that encourages honesty and fairness makes it that much more difficult for fraudsters to mentally justify their activities. Even so, it is essential to deploy a wide array of anti-fraud tools to keep occupational fraud in check — starting with aggressive pursuit and punishment. Indeed, as the likelihood of exposure increases, the likelihood of fraud decreases.

For More Information Go To: http://www.mcgoverngreene.com/forensicfocus/forensic_focus.html

 WORKPLACE VIOLENCE

Stressed-Out Co-Worker? Know Signs And How To Offer Help At Office, Experts Say

Feeling stressed at work? Are you or your co-workers stressed out? Even in good times, it's not always easy to keep your cool on the job. But as the economy falters and layoffs sweep certain industries, many people are more worried than ever about job security - in addition to fretting over the value of their homes, the cost of college and a host of other issues. Making matters worse: Stressed-out bosses and co-workers tend to pass tension on to others. Most people can handle the strain. But what do you do when you think the person sitting next to you at work can't?

Indeed, employers may be held liable for failing to prevent the worst-case scenario - office violence. Warning signs include direct threats, menacing gestures or statements such as, "You wouldn't miss me if I were gone." [See the Unlucky 13 for a list of the most prevalent warning signs.] "If you are afraid of someone, there is probably a good reason," says Marina London, Web editor for the Employee Assistance Professionals Association and a licensed social worker. Experts say that someone who appears to be a threat should be dealt with immediately and carefully, with the help of security. But the vast majority of people suffering from mental stress in the workplace don't become violent, and the warning signs that something is wrong may be more subtle. In fact, by the time you notice that a co-worker has a problem, it likely has been going on for a while. That's why experts suggest intervening early.

For More Information Go To: http://www.azcentral.com/arizonarepublic/arizonaliving/articles/2008/08/28/20080828workstress0828.html

Need help with a with a workplace violence problem! Contact the National Institute for Prevention of Workplace Violence, Inc. at 949-770-5264 or Barry Nixon at wbnixon@aol.com

 


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