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| Regulated
Industries |
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Both federal
and state laws regulate many industries, mandating that specific
pre employment background screening searches be conducted
for applicants applying for positions within certain industries.
If an employer is engaged in one of these industries, it must
be aware of both the federal and state requirements. Industries
for which there are specific requirements include, but are
not limited to:
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| USA
Patriot Act |
| The USA Patriot Act, officially titled “Uniting
and Strengthening America by Providing Appropriate Tools Required
to Intercept and Obstruct Terrorism,” and signed into
law October 26, 2001, addresses terrorist threat issues within
the financial industry in the wake of the September 11th attack.
Although this law does not specifically address pre employment
background screening (with the exception of hazardous material
drivers), the due diligence requirement imposed on financial
institutions in terms of screening clients can be helpful in
advising employers on steps to take to screen employees as well.
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| Bankruptcy
Act (11 U.S.C. §525(b)) |
| The Federal Bankruptcy Act prohibits
discrimination in employment solely on the basis of bankruptcy.
Reviewed cases indicate that the law was not violated, where
the employment decision involved factors other than bankruptcy.
In other words, to violate the statute, bankruptcy must have
been the single reason for the employment action. |
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| Sarbanes-Oxley
Act of 2002 |
| The Sarbanes-Oxley Act of 2002 requires that
publicly traded companies adhere to new standards for accountability
in corporate governance and financial reporting. Guidelines
for compliance with Sarbanes-Oxley recommend a background investigation
be conducted on any individual considered for employment or
for promotion in a public company to “certain positions
of trust,” including accounting professionals, anyone
in a financial reporting oversight role, and any other individuals
with direct access to corporate assets, trade secrets, and information
systems. Some recommended areas for background screening include
the individual’s educational background, employment history,
any criminal past, and interviews with independent references. |
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| Department
of Transportation (DOT) |
The Department of Transportation is an operating
administration of the United States administering regulations
requiring alcohol and/or drug testing in accordance with 49CFR
Part 40 of the federal regulations.
D.O.T. Drug Screen:
A D.O.T. drug screen is a screen that tests a specimen for
five drugs (Opiates, PCP, Amphetamines, Marijuana and Cocaine)
A D.O.T. approved chain of custody form is used during the
collection process and a split sample is collected and both
specimens are forwarded to the laboratory for testing. Once
the laboratory completes the testing process the result is
forwarded to the Medical Review Officer (MRO) for review.
Following the MRO's review, results are reported to the designated
reporting agency. |
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| Joint
Commission On Accreditation of Healthcare Organizations (JCAHO) |
The Joint Commission on Accreditation of Healthcare
Organizations (JCAHO) regulations require background checks
on employees, interns, students and volunteers that work in
an allied health facility. |
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| Nuclear
Regulatory Commission (NRC) |
The Nuclear Regulatory Commission (NCR) regulates
holders of operating licenses of nuclear power plant reactors.
The Nuclear Energy Institute (NEI); guideline NEI 03-01 “Nuclear
Power Plant Authorization Access Program” provides requirements
for background screening on all individuals gain access to
nuclear reactors.
NRC
Regulations (10 CFR) - PART 25--ACCESS AUTHORIZATION FOR
LICENSEE PERSONNEL
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