A California man who spent nearly six years in prison for a 1980s marijuana-trafficking conviction was sentenced to six months in federal prison for running a company that sold a male prosthetic called the Whizzinator that helped men cheat on drug tests. This prosthetic device was used for passing an ‘observed’ DOT drug screen.
Gerald W. Wills, 67, of Los Angeles, sold the device, along with a synthetic urine.
He and his partner pleaded guilty in 2008 to conspiracy to sell drug paraphernalia and conspiracy to defraud the United States, because the products were specifically marketed to beat federal drug tests.
“I fully understand I was a … Continue Reading

Personally, I find it hard to believe, but it’s unfortunately true. Fake urine is causing problems with drug testing, particularly in the construction industry.

Just last week The Oregonian published an article called on this topic. (You can read the entire article here http://www.oregonlive.com/health/index.ssf/2010/06/finding_fake_urine_a_real_chal.html).

The point of the article was that lots of people are using synthetic urine, bought online or in smoke shops. They most often contain the fake specimen somewhere on their body to sneak it in at body temperature, and surreptitiously fill the specimen cup. “But we have witnessed collections!” you say? See the related article on The Whizzinator prosthetic.

So … Continue Reading

On April 14th,　the　Oregon Supreme Court conclusively ruled that employers are not required to accommodate the use of medical marijuana in the workplace, ending years of confusion on this issue.

According to an article from Stoel Rives, the Oregon Supreme Court, on appeal, reversed the decisions of the trial judge and the Court of Appeals, and reversed the Oregon Court of Appeals’ decision in Washburn. (A prior Oregon Court of Appeals case – Washburn Vs. Columbia Forest Products – had held that employers do have a duty to accommodate the use of medical marijuana by a … Continue Reading

Yes, you can!

A California appeals court ruled that, under the First Amendment, an employment-screening service could access the state’s database of registered sex offenders (Megan’s Law List) and pass that information on to its clients. The law establishing the website prohibits the use of the posted information for purposes related to employment.

It’s official!

As several states have before, on March 29, 2010, Oregon Governor Kulongoski signed legislation (SB1045) that specifically prohibits employers from using credit history inmaking hiring, discharge, promotion, and compensation decisions unless the applicant or employee is given advanced written notice and the credit history is substantially related to the position sought. The legislation provides additional exceptions for financial institutions and public safety offices.

Employers, make sure you can explain that there is the credit report is substantially related to the job, before requesting the report.

Remember the last blog about Credit Checks and the government looking towards restricting them for pre-employment screening? Well,  Oregon and 15 other states have proposed bills to ban credit checks on most job applicants, unless the check is “substantially related”  to job duties, according to the National Conference of State Legislatures. Hawaii and Washington already have such bans in place.
In fact, the Oregon bill has passed, but has not yet been signed into law by the Governor, although it likely will be. The bill would exempt banks, credit unions and law employment agencies. It would also exempt employers if the credit information is relevant to … Continue Reading

 In the January 20th PC World, and iPhone app was announced that provides background screening for individuals and employers. Employers doing background checks by iPhone?

The iPhone background check app is provided by a CRA (consumer reporting agency) which means that the process is regulated by the Fair Credit Reporting Agency.

According to the FCRA:

If information from a CRA is used for employment purposes, the user has specific duties, which are set forth in Section 604(b) of the FCRA. The user must:

… Continue Reading

You may have heard that Congress is considering blocking employer access to credit report data. Many feel that denying employment due to credit problems, when the candidate is otherwise qualified, is unfair, particularly on the heels of a recession.

On the other hand, hiring without due diligence can place you in danger of a negligent hiring lawsuit. Plus, employers often need help in making a decision when they are on the fence about someone, or when they have a number of qualified candidates.  And in some cases, this particular information might be very helpful.

However, there remains  a lot of  ambivalence nationwide regarding credit reports for … Continue Reading

Here is some information from Quest Diagnostics on the downward trend of positive methamphetamine and cocaine positive results for employers, from 2005 to the first half of 2009.  Keep screening, Employers… It appears to be working!

“MADISON, NJ, November 20, 2009  New data released today by Quest Diagnostics Incorporated (NYSE: DGX), the nation’s leading provider of employment-related drug testing services, reveal that drug testing of hair specimens from employees and job applicants in the general U.S. workforce has tracked sharp downward trends in cocaine and methamphetamine use from 2005 to the first half of 2009 that mirror similar drops shown by … Continue Reading

Acording to the Subtance Abuse and Mental Health Services Administration:

 77% of illegal drug users are employed. Are you employing them? If so, what does this mean for you?

• Employees who use illegal drugs cost their employers about twice as much in medical claims as non-users.
• Employees who use illegal drugs are 3.6 times more likelty to be involved in a workplace accident, and 5 time more likely to file a worker’s comp claim.
• Employees who use illegal drugs are 2.2 times more likely to request early dismissal or time off, 2.5 times more likely to have absences of eight days or more, and … Continue Reading