Most of the works or things in this world come with their own risk factors and we as human try not to keep our foot on any of them unless it is necessary. Like that there are many practical legal issues to must be reviewed during the background screening program assessment. These can be helpful for everybody but not necessarily each of them is for your need or situation right now. Here are some of those legal and also practical issues to look out for
You are Screening Globally
When you are screening globally you must clear away these practical and legal issues-
- Understanding local laws for screening and its use.
- What are the screening services are available to a country? You must know that from your screening provider.
- Always keep in mind the cultural differences when you decide what and how you will screen.
- You must create different packages needed by job type and country.
- Your policy should be documented and you must ensure to make a note any kind of unique variances by country.
When You are in a Regulated Industry
- Gather all the requirements and make a list of all the regulations which you must comply. Like, for Transportation you must know the rules and regulations and requirements for rescreening details from Department of Transportation; for health care you must get license and certifications, sanction monitoring from OIG (Office of Inspector General) guidance for federal and state.
- To satisfy your requirements of regulatory you must be consulting screening provider of yours to get some ideas on which screening services may be helpful.
- Get verification from your legal counsel whether your screening program goes by the industry requirements.
Which Jobs Require Some Different Degree of Screening
- You must determine whether your executives are going to be screened differently from some other roles.
- Determine whether executives are going to screened in different way from other roles.
- You have to determine whether all those who have access to finances, assets, funds or other sensitive material must be screened in different way from others.
- You must identify each role which needs regulatory requirements like doctors, nurses, drivers and pilots.
- Do consider each job’s physical, intellectual and digital property access.
- Understand whether those who work onsite and those who work from require same screens.
- Never forget to review some access to the safety-sensitive positions
- Create different screening packages which correspond in accordance to roles and levels within the organization.
Must Have Right Criminal History Search Checking for Your Screening Packages
- Always consider what type of crimes and victim’s age which would impact their performing a certain role and check whether your searches cover all these crimes. Like any identity theft from federal courts to get access to some sensitive personal information.
- Determine whether the position requires to drive or cross several state lines or county.
- Ensure whether your criminal searches provide the source data which is up-to-date and most accurate information available.
Verify Whether You Give Compliant Screening Practices
- Your local counsel must verify whether the screening program is meeting the industrial, federal, state or local requirements.
- Pay special attention on how FCRA or Fair Credit Reporting Act governs your screening program and its execution.
- Employ some legal counsel to notify you anytime a employment law changes. Like uses of credit report, uses of the criminal history information, Medial use or legalization of marijuana etc.
Is There Screening for Your Temps, Contractors and Vendors?
- Know if any of these have similar or same physical, intellectual, financial or digital property access.
- Verify that the contracts of vendor spot background screening requirements with some details of various screening packages based on position.
- Ensure whether your company can validate and enforce commitment to the policy.
Does the Screening Program of Yours Provide Your Team any Prominence Across Your Program?
- You must ensure that you have documented policy which is reviewed every year for risk and compliance.
- Always consider global, job-related, regulatory and industrial requirements when you are creating various screening packages.
- You should be consulting with the screening provider to ensure that packages are easily accessible to those who are managing employee screening.
- If there is some possibility, then you must be integrating your screening results with any good tracking system for applicants to get all the candidate information in one main location.