Quarterly Compliance Update, Q1 2019

Quarterly Compliance Updates | February 28, 2019

Ban the Box / Fair Chance hiring, Marijuana drug testing and Fair Credit Reporting Act training are all part of this compliance update.

Each quarter, PlusOne Solutions provides a compliance update to keep you abreast of changes and updates in legal developments as well as company news. This information is provided for education only and does not constitute legal advice.

On Our 2019 Radar:

Ban the Box / Fair Chance legislation, which may create requirements when using criminal records in employment/contracting decisions, salary history bans, which are designed to address inequity in pay rates, and data privacy laws continue to be the hottest areas impacting our services. The fair and equitable treatment of all screening candidates, the protection of their information and the creation of opportunities underscore many of these new initiatives.

Why does this matter?
Ban the Box and Fair Chance hiring is not a trend. We fully expect these laws to continue at the county, state and possibly even federal levels. As PlusOne Solutions acts as a partner for many of our clients on the state and federal consumer reporting requirements, this may also encompass the individualized assessment, pre-adverse/adverse letter contents or other processes required by these laws. It should be noted that employers (i.e. network companies) may have additional responsibilities related to this legislation and are encouraged to seek legal counsel when using criminal record information for hiring/employment decisions.

Marijuana Drug Test Results Handling:

With more states legalizing both recreational and medical marijuana, the impact is seen on drug test results. PlusOne Solutions utilizes the following standard operating procedure when a non-negative drug test result is returned for marijuana, meaning the test results show usage above the acceptable cut-off levels. In these cases, PlusOne Solutions will contact the donor to seek documentation that supports the legal use of marijuana. Depending on the regulations, acceptable documentation might be the presentation of a current prescription or medical marijuana card. If such documentation is provided, the donor may be deemed eligible. If no reply or documentation is received, the result will remain non-negative and the result will be not eligible.

NOTE: We do not verify the accuracy of any prescription or medical marijuana card. We only verify that the prescription or medical marijuana card is current, based on the test date, and that it belongs to the donor. It is taken at face value only, and we are not assuming any responsibility. If other drugs created the non-negative result, the Medical Review Officer (MRO) will process those according to the normal process. If acceptable information is provided and only a marijuana result remains, the aforementioned process will be followed.

Why does this matter?

As marijuana is legalized in more jurisdictions, the handling and requirements to accept its use are changing. This is an area we will continue to monitor and continue to work with our customers on how best to handle these results.

Upcoming Annual FCRA User Certification Training – Spring 2019

Again this year, PlusOne Solutions is providing its annual training module for all Customer users regarding the Fair Credit Reporting Act (FCRA). This training covers the basics of the law, the responsibilities of requesting and using consumer reports as well as obligations for the destruction of information.

Why does this matter?

As a National Association of Professional Background Screeners (NAPBS) Accredited agency, PlusOne Solutions requests an annual certification from Customers to ensure their partnership in remaining compliant with FCRA obligations. Completion of this training constitutes certification and keeps Customer users updated on ongoing trends as well.

Contents are provided for information purposes only and should not be construed as legal advice. Users are reminded to seek legal counsel concerning their obligations and use of PlusOne Solutions services.

About PlusOne Solutions

PlusOne Solutions has been an industry leader in the risk management field by specializing in compliance programs that meet the complex challenges of geographically dispersed contractors, vendors, and employee networks. PlusOne Solutions protects companies from possible financial, legal, and reputational risks associated with contractor and vendor relationships while creating safer work environments. To learn more, visit https://plusonesolutio.wpengine.com.