Transcript SCREENS are not CREATED EQUAL - United Servicers Association

Criminal Background
Checks & Drug Screening:
What You Don’t Know Can
Hurt You
September 28, 2011
Today’s Webinar
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…Difference between “Employment
Screens” and “Certification Screens”
…Personal Data Controls and Governance
you must consider as an employer
…The screening trends and why ALL
SCREENS are not CREATED EQUAL
…Who PlusOne is and why we were invited
to present to USA
Presenter:
Craig Reilly
President,
PlusOne Solutions, Inc.
PlusOne Solutions, Inc.
11301 Corporate Blvd
Suite 215
Orlando, FL 32817
407-359-5929
[email protected]
PlusOne’s Focus: US and Canadian
Independent Servicing Companies…
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…and the
Companies who
Depend on Them
5
PlusOne’s Corporate Focus is Providing
Service Industry Solutions to All Stakeholders
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Compliance is
more than just
Screenings
Business
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Corporate Entity Verification
W-9 Verification
Business Credit
Bankruptcy, Lien and Judgment Check
Business License Verification
Business Reference Check
Professional License Verification and
Indexing
Insurance Policy Verification and
Certificate Management
– (GL, Auto, WC, Umbrella, etc.)
Contract Management
Document Capture and Storage
Vendor
Credentialing
Principals & Employees
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Identity Consistency Check
– SSN, SIN Validation & Verification
Criminal Record Search
– Infractions
– Felony & Misdemeanor Offenses
– Indictable, Hybrid, and Summary
Offenses
– Sex Offender/Predator Search
Motor Vehicle Record Check
Terrorist Watch List Search
Individual Credit Check
Professional Trade Licenses
PlusOne Works Toward Industry
Standardization Where Applicable…
…and Pricing Transparency
PlusOne Currently Tracks Criminal Backgrounds
for 70,297 Active Technicians…(as of 9/10/11)
PlusOne ID
Client Company ID Company Tech ID
ABALA09161619 SUPERBUS
CASTA05172811 USACOSRV
ABRAA01307424 LAAPPL
ACEVA06248505 TBELECTR
LOUCA10208869 ALPRE
BECKA02018189 SKIELE2
ACOSA08074362 DTRTECH
CASTA02271382 ABBEY
ADAMA04072808 KIRE
ALANA06219698 WCES
ALDRA06055409 NAVEDO
ALEMA02116418 CLRNSND
ALIAA03204975 GOODMAN
ALMEA12158678 ELESVCIN
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Client Tech ID
ABALA09161619 46722
CASTA05172811 54108
ABRAA01307424 44521
ACEVA06248505 48558
LOUCA10208869 49806
BECKA02018189 45918
ACOSA08074362 43694
CASTA02271382 56184
ADAMA04072808 33070
ALANA06219698 45547
ALDRA06055409 55815
ALEMA02116418 54566
ALIAA03204975 50194
ALMEA12158678 40031
First
Middle
Last
FARRIN
BRYAN
ANTHINIO
GREGORY
JAMES
DANIEL
BRYAN
EVAN
JEFFERY
BRIAN
DZMITRY
JAMES
ANTONIO
FRANCISCO
MICHAEL
ADAM
NMN
NMN
ABALOS
CASTANEDA
ABRAMIAN
ACEVEDO
LOUCHART
BECKER
ACOSTA
CASTRONOVO
ADAMS
ALAND
ALDRICH
ALEMAN
ALI
ALMETER
NICHOLAS
WILLIAM
MARTIN
Chad
J
ROBERT
DELBERT
SHIN
THOMAS
Suffix Overall Civil Crim Driv Drug
SR.
Y
P
N
Y
N
P
Y
Y
Y
Y
Y
Y
Y
Y
Y
P
Y
Y
Y
O
Y
Y
Y
Y
Y
Y
Y
Y
Y
P
Y
Y
F
O
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
O
Y
H
Y
Y
Y
Y
Y
Y
Y
Y
F
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Certified Recert Date
02/10/2010 02/01/2012
01/14/2010 12/31/2011
02/08/2010 01/25/2012
01/14/2010 01/07/2012
10/14/2009 08/27/2010
02/11/2010 02/02/2012
03/28/2010 03/07/2012
01/04/2010 02/18/2011
12/24/2009 11/30/2011
03/17/2010 03/04/2012
02/25/2010 02/25/2012
03/08/2010 02/26/2012
10/26/2009 10/15/2011
…Employed by over 20,000 Independent
Servicing Companies
So why is Criminal
Background and Drug
Screening such a HOT
TOPIC today?
Business Trends &
Contractual Requirements
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Global Companies are proactively applying
consistent standards of consumer protection, and
best service practices and avoiding mandates
“In past 2 years there has been a significant
increase in requests for criminal screens of
employees at all layers of an organization and
within all foreign borders.” – LexisNexis
Contractual Requirements for service fulfillment
mandate compliance standards
From a Customer’s Viewpoint
Would you invite a known Sex
Offender in to your home?
Or a convicted thief? Violent criminal?
When you schedule service, do you
assume the service provider is not
one of the above?
National Statistics: USA
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One Murder every 33 minutes
One Violent Crime every 5.5 seconds
One Assault every 6.5 seconds
One Burglary every 10 seconds
One Rape/Sexual Assault every 2 minutes
One Identity Theft reported every 6 minutes
One in 6 Women is a victim of Attempted or
Completed Rape
Source: Sue Weaver Cause
National Independent Consumer
Research was Recently Completed
Consumers ASSUME Individuals
Dispatched to Their Homes are Screened
83%
Are Service Technicians
Background Screened who
are Sent into your Home?
9%
8%
89%
Are Background Screened
Individuals important to you?
9%
2%
0%
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Strongly Believe
20%
40%
Neither Believe or Not Believe
60%
80%
Strongly Disagree
100%
The Media Highlight Marquee
Companies when things Go Wrong
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Local News Organizations
Highlight the Risks
“Of course I
look Familiar. I
was here just
last week
cleaning your
carpets,
painting your
shutters or
delivering
your new
refrigerator.”
Consumers use sites like:
www.FamilyWatchDog.US
Without Completing a Background
Investigation, you Never Really Know
There are over 550,000
registered sex
offenders in the US.
Over 100,000 sex
offenders fail to
register in the US.
Over 1,000 Sex
Offenders change
their address
everyday.
Source:
www.familywatchdog.us/facts.asp
How Safe do Consumers Feel when
Individuals are in their Homes? Or After?
19%
Consumers who felt safe while
individual is IN HOME
3%
78%
35%
Consumers still concerned AFTER
individual HAS LEFT THE HOME:
7%
58%
0%
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DID NOT Feel Safe
Don't Recall
20%
40%
Felt Safe
60%
80%
100%
So what makes a good
Criminal Background and
Drug Screen that
MINIMIZES RISK while
MAXIMIZING VALUE?
Background Screens Vary in Price &
Depth – No Consistency or Standard
Variability of Rates are biggest complaint:
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“Internet Specials” or “Teaser Rates”; “Low as $9.99*”
Ala carte Services increase costs
Hidden “Access Fees”
Multiply if Courts Searched
Requires “Company Set-Up” Fees
Results are not “Portable”
PlusOne and
USA supports
“Adopting a
Standard”
And what you get, is not always what you need:
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“National” Database or CPIC Only
Single Local Court Search Only
Missing Searches
Non-compliance to FCRA or PIPEDA mandates
What’s Included in a “National
Search” (Most Offered Searches)
Not all Courts Report Up
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17 States Do Not Report Misdemeanors and
Most Felonies. Some only Sex Offenders.
Counties Vary in Reporting
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Seminole County FL
reports ALL RECORDS
Orange County FL reports NO RECORDS
Unconfirmed Data reported such as
“Name Match Only”
Top 6 Questions Screening
Companies Do Not Want to Answer
1.
2.
3.
4.
5.
6.
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Do you run a report to develop all known names and
addresses to search against?
Do you SEARCH ALL COUNTY COURTS for
“Developed Names, Aliases, and Addresses”
Regardless of the National Search?
Does this Include a Driver’s License Search?
Do you also search the Department of Justice Sex
Offender Database and Federal Courts?
Are all ACCESS FEES and Other Charges Included?
Do you handle all “FCRA Mandated” Pre-Adverse
Communication?
To Start: Four (4) Pieces of
Data Are Critical
To be effective, applicants must provide:
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Proper Name (+ Mother’s Maiden Name in Puerto Rico)
Current Address
Date of Birth
SSN
Anything short, or in error, results in
improper results or “False Positives”
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“De facto” Standard Background
Screen
Complete 7-year check for all county
courts of residence, including:
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Search for all residential addresses in prior
7 years
County FELONY & MISDEMEANOR
search for arrests, charges, & convictions
and a state level search, if applicable
National database search for felony and
misdemeanor records
Federal Court Search in current Federal
jurisdiction in which the applicant resides
OFAC (Office of Foreign Asset Control)
restricted person search
National & State Sex Offender Registries
State Motor Vehicle Record review
Social Security Number Verification
“De Facto” Standard Drug Screen
9-Panel Urinalysis Drug Screen:
 Tetrahydrocannabinol “THC”
(marijuana, hashish)
 Amphetamines
 Cocaine (Incl. Crack Cocaine)
 Opiates (Heroin, Opium, Morphine,
Codeine)
 Phencyclidine (PCP)
 Methamphetamine (Incl. Ecstasy)
 Methadone
 Barbiturates
 Benzodiazepines
Screening Governance
and Handling Differences
Between EMPLOYEMENT
SCREENS versus a
CERTIFICATION SCREEN?
Screening Industry & Collection of
Personal Data is Highly Governed
“Industry Watchdogs” range from Consumer Protection
Advocates to the Federal Government:
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Federal and State Trade Commissions
Fair Credit Reporting Act (FCRA) and other similar State
Acts/Regulations
Driver’s Privacy Protection Act Federal & States
Consumer Reporting Agencies (CRA): LexisNexis,
ChoicePoint, First Advantage, USIS, etc.
Annual On-Site Certifications
Significant Differences when used for
Employment Reasons vs. Job Access
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Employment Screens
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Highly Governed by State Laws and EEOC
Requires Strict Adherence to Regulations and Processes
Cannot be selective
Certification Screens (Contractual Clauses)
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Fewer Regulations Governing Contractual Requirements
Do not necessarily effect employment status
Only impacts certain jobs requiring access (i.e. Government Facilities,
Schools, Safety Related, Contract Requirements, etc.)
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When an Individual Pre-Adverse
Condition Appears
Typically falls to Employer creating liability.
PlusOne provides a level of protection to Servicing
Companies by adhering to all FCRA Mandates
regardless if “Employment” or “Requirement” Screen:
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2.
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4.
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5.
Provide an official copy of Screening Results
Provide their “Summary of Rights”
Provide a letter stating why they were not cleared and
what options they have available
Provide Adequate time and follow-up
Protect applicant’s information/data retention
Not All Convictions and Service
Technicians are Equal
Disqualifying convictions “may place consumer,
family, and her possessions at risk.”
Results vary by Industry and Education Level with
Lower Failures seen with:
1.
2.
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5.
Increased Work Skills
Higher Education
Trade Licensed
Industry Certified
Association Membership
High Failure Rates found in “Fly-by-Night”, “Trunk
Slammers”, and other “Non-Professionals”
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Viewed as
an Industry
HR Service
Vendor
Credentialing
Credentialing acts as a Service Industry
Human Resource Department:
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Protecting the rights of the individual, the servicing
company, and the retailers, manufacturers, and third
party administrators
Managing the all aspects of the Compliance Program
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Summary reporting to the technician & component level;
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Communication, Applications, Scheduling, Decisions, FCRA,
PIPEDA, OPC, and Global Processes, Disputes/Appeals,
Reporting, Information Retention, and Data Protection
Criminal, Driving, OFAC, Drug, etc.
Pass, Fail, In-Process, and other indicators
Who Utilizes PlusOne’s Services
So What’s Important to Know?
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2.
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5.
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Ensure your Package is ALL INCLUSIVE
Do you have a FIXED PRICE per Order?
Who is responsible for FCRA and
Employment Pre-Adverse Processes?
How are you protecting the individual’s
information?
Can you advertise your compliance?
Questions?
11301 Corporate Blvd
Suite 215
Orlando, FL 32817
www.plusonesolutions.net
(407) 359-5929
(877) 943-0100
[email protected]