Employment Screening 101: Industry Specific Searches-Part 17
April 28, 2008
Ever peel an onion? I hate the saying but in many ways peeling an onion is like setting up an employment screening program for an organization. In various sections of this series, Employment Screening 101, we have discussed different services to use when screening your candidates. What we have yet to discuss are the industries where very specific services and/or process must be followed. This discussion will not be all inclusive; I will use a few examples so feel free to contact us if you need more information.
Several industries require certain services and others require very specific processes when ordering the background checks. A few of these industries include: Aviation, Transportation (DOT), Insurance, Banking, Heath care and Energy to name a few. One must be very careful to make sure all regulations are being followed and results are being adjudicated accordingly.
Some industries are quite simple. The Insurance industry requires a “lifetime search” due to the Insurance Fraud Prevention Act. This act is part of an Omnibus Crime Bill, the Violent Crime Control and Law Enforcement Act of 1994. (18 U.S.C. § 1033). For our purposes the act is specific where it does not allow work in the insurance field after conviction of a crime involving dishonesty. However, the act fails to specifically lay out these crimes. In a nutshell a very comprehensive search must be done to uncover all crimes involving dishonesty for all years since the applicant or candidate was 18 years old. The results bring up an exciting argument of preemption but that’s a topic for a later date.
In aviation there are several mandates and federal laws that must be followed. Commercial airline pilots are required to have a very specific type of background check conducted. Among a slew of screening requirements are FAA Pilot Certifications, Pilots Records Improvement Act (PRIA) Searches, National Drivers Registry (NDR) Searches and a few more. (Listing and explaining all of these would be a series on its own).
Be very careful when setting up your screening program if you are in a regulated industry. Ensure that your screening provider can develop a comprehensive program that not only keeps your workforce safe but also is in compliance with any Local, State and/or Federal Mandates.
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