Herald Business Journal
August 1999 Issue
by Debra L. Malmos, President
iFULL Enterprises, Inc.
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Verify information supplied on applications for employment. As obvious as
this may sound, businesses all too often skip this task and base hiring
decisions on gut feeling.
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Perform pre-employment screens and background searches when making hiring
decisions.
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Keep documentation of background checks on file to prove due-diligence, even
when reports don't reveal negative information.
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Perform periodic background checks to reveal changes in behavior that might
require corrective action. Employees in higher risk positions should be checked
as often as every three months.
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Respond quickly to reports of threats or assaults by performing effective
post-incident investigations, and institute a "zero-tolerance" policy.
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Establish written hiring policies and procedures-- and comply with them.
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In recent years, there has been a significant increase in the incidents of
violence in the workplace. A Washington State Labor Council (WSLC) 1999
Legislative Report states, "The cost to society is enormous. And the human toll
on families of the victims is immeasurable." Hiring policies and procedures
have come under greater scrutiny and employers are bearing a profound share of
that cost. Financial liability as well as workers' compensation benefits can
accrue if an employer is held liable for the violent acts of a worker.
Positions that represent higher risk include those that involve care to
vulnerable persons such as children or aging adults, or that depend on
professional expertise (i.e., educational credentials and licenses). A
Massachusetts jury awarded the family of a murder victim $26.5 million in a
negligent hiring case-- the largest ever awarded-- after the victim, a
thirty-two-year-old man suffering from cerebral palsy was stabbed repeatedly
and robbed by the healthcare provider hired to care for him. Workplace
homicides grab headlines, but non-fatal workplace violence is even more
prevalent. In Carlsen v. Wackenhut (1994), the victim of an attempted rape at a
Bon Jovi rock concert sued a security firm for negligently hiring the guard who
perpetuated the crime. The Court suggested that, had the employer investigated,
prior convictions would have indicated the guard was "unfit" for the position.
Washington is among a growing number of jurisdictions that conclude that an
employer has a duty to exercise reasonable care in hiring, training and
supervising individuals, who, because of their employment, may pose a threat to
the public or to their co-workers. Such a duty gives rise to claims of
negligent retention and negligent supervision. It is only recently that human
beings have been viewed as a "recognized hazard" causing serious injury or
death of a co-worker. The Washington Industrial Safety and Health Act (WISHA),
1973, established a workplace standard-and-enforcement program on a state
level, which in some cases is more stringent than OSHA requirements. WISHA
compliance is a serious consideration when faced with a violent employee. More
guidelines and regulations designed to minimize workplace violence are expected
in the coming years from both OSHA and WISHA.
The good news… In spite of the challenges, informed employers can significantly
reduce their risk through preventive procedures. Employers can provide a safe
workplace and reduce their potential liability by implementing good security
practices and adequate pre-employment screening. "Pre-employment screening is
the single most effective tool available to manage the potential liability,"
says Steve Forister of FactsFinder.com (www.factsfinder.com), an Edmonds, WA
background verification service."
Mr. Forister says, "As well as providing a safer workplace, employee screening
can result in additional benefits to employers such as a better work force,
less turnover and reduced incidents of internal theft when positions give an
employee access to cash or other valuable assets."
More good news… The process of background verification has been significantly
advanced through the use of Internet technology. "Background checking software
can now be used to access worldwide databases online, delivering results in 1-3
days that may once have taken weeks to access," says Mr. Forister. "There's no
reason, with this information so easily accessible-- and affordable-- to be
uninformed about the people we hire."
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