National Criminal SearchResidence Based Research vs. Compiled "National" Databases

In the background check industry most large providers offer a "National" Criminal Search as one of their services.  In listening to our clients over the years we have become aware of the background check requirements they are trying to meet.  Some company policies now require "Local, State and Federal" checks for criminal research.  Some go on to suggest "everywhere lived and worked within the past 7 or 10 years".

If we look at local research this should be interpreted as the primary level of investigation.  Most background check companies consider that to be the county court records.  The county courts are where it all begins.  Charges are filed, cases are tried and dispositions are handed down.  County court records contain multiple identifiers and full detail on charges.  Throughout the United States these county courts are the building blocks of the State or National records.

A visit to your local county courthouse may provide insight to some of the problems that exist in completing timely, thorough and accurate upward reporting.  The fact is most researchers still search ledger books in many counties to determine criminal history on applicants.  In many cases details are abbreviated or left out when reporting upward to state agencies.  Compounding the problem of an incomplete picture, many states only compile arrest or conviction records, greatly reducing the value of those broader searches.

With a reduction in property values and higher than normal unemployment, local governments do not always have the resources to provide timely, accurate and complete reporting to agencies looking to compile that data.

If you are using a compiled data report you should understand that it may not contain records from the county where your applicant has lived all their life. For this reason and best industry practices it is recommended that a residence based research at the county level should be ordered while using compiled data reports to supplement this research.

New Effective Dates for Changes in Testing Guidelines

The Department of Health and Human Services (HHS) is changing the effective date of the Revisions to the Mandatory Guidelines for Federal Workplace Drug Testing
Programs (Mandatory Guidelines) from May 1, 2010, to October 1, 2010.

DOT’s rule is expected to issue in time to go into effect by October 1, 2010 HHS effective date; however, should it later appear that DOT regulations may not issue in time for an October 1, 2010 implementation, SAMHSA will undertake notice and comment rulemaking to delay the effective date further.
These are some of the changes for HHS (and likely DOT) regulated testing:

• MDMA (Ecstasy) and 6-Acetylmorphine (Heroin-specific metabolite) will become required screens in regulated panels.
• The screening and confirmation cutoffs for cocaine metabolites and amphetamines will be lowered.

Also, The Department published a Notice of Proposed Rule Making (NPRM) proposing to extend the date for mandatory use of our recently updated Alcohol Testing Form (ATF) to January 1, 2011.  
On February 25, 2010, the Department published a final rule revising the ATF. The mandatory use date for the new form is August 1, 2010. After publishing the February 25 revisions, it was learned that vendors and users of the ATF would not be able to deplete their current supply of ATFs by August. Therefore, DOT proposed only to extend the date for mandatory use.

Herbal Incense": K2, Spice and "Synthetic Marijuana
"Herbal incense" has gained increasing media attention of late, as an "alternative" or "legal high." It goes by a number of names - K2, Spice, Genie, Yucatan Fire and many others. In these products, plant material that does not contain marijuana or other psychoactive plants, is surreptitiously sprayed with one or more chemicals. While the chemicals in these substances target the same receptors as marijuana/THC, and produce a similar euphoric high, it is important to note that these chemicals are engineered and not "naturally occurring". 
The dried, treated, organic plant material is packaged and sold over the Internet or over the counter in some stores. These products are abused similarly to traditional marijuana - by smoking like a cigarette; inhaling the smoke from an open container or pipe; or by ingesting the dried, leafy contents.
Early evidence suggests that these non-FDA approved chemical substances are more potent than THC. The use of these substances may lead to a series of harmful effects including the potential for increased dependence and the possibility of overdose, in addition to other adverse physiological effects

Observed Collection Requirements
Effective August 31, 2009, the Department of Transportation (“DOT”) now requires employees in safety-sensitive positions to submit to “observed” urination drug testing for all follow-up and return-to-duty drug tests. Previously, only transportation workers suspected of tampering with their urine samples in some way were required to undergo direct observation testing. The DOT initially promulgated the change in June 2008, but the rule was challenged in court and not implemented, pending a final ruling. During the time the regulation was being challenged, employers had the option to directly observe the collection of urine specimens for return-to-duty and follow-up testing but were not required to do so. In May 2009, the regulation was upheld by the U.S. Court of Appeals for the District of Columbia Circuit. The DOT announced in the July 30, 2009 Federal Register that the rule will now be mandatory as of August 31 of last year.

Chain of Custody Forms

It is important for employers mandated by USDOT regulations to utilize the correct Laboratory Chain of Custody Form (CCF). It is a federal requirement that CCF’s include the Employer Name, Address and Phone Number. Laboratory CCF’s can be requested by contacting Fleet Screen toll free at 866-622-0044.