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PA Waives ACT 153 Background Screening Fees for Volunteers

This year has seen a fair amount of change around background screening laws for schools in Pennsylvania with the introduction of ACT 153. According to the legislation that took effect in January, everyone whose work could involve contact with children has to undergo a background screening clearance. This goes for anyone working in, or for, schools – including volunteers. While on the surface this is legislation is on target with better protecting the children within the state, it adds a huge financial burden on institutions and individuals.

Since the law was passed last October, there have been concerns raised with legislators about cost to volunteers. Many believe the cost is prohibitive, unfair and potentially deter people from volunteering. For these reasons, Governor Tom Wolf announced two weeks ago that changes to the law would be made to ease the burden on people looking to volunteer at schools. According to Wolf, starting on July 25th 2015, the fees for the child abuse history clearance and the statewide criminal background check will be waived for volunteers who work with children.

Additionally, the Department of Human Services and PA state police will be reducing the cost of child abuse clearances and criminal background checks by 20% for all other applicants (down to $8 from $10). The aim with these changes is to ease the cost burden on those who are now required to have these screens done every 36 months.

Gov. Wolf stated in the news release last Wednesday, “My action today could not have been accomplished without the hard work of the General Assembly, who has participated in an ongoing bipartisan working group with the Administration in an effort to develop needed clarifications to the Child Protective Services Law … Through that process, the General Assembly expressed concerns of many members about the cost of background clearances, particularly for volunteers. I share those concerns, and that is why I am excited to announce these actions today.”

The new policy does not affect the cost of FBI background checks required for people who haven’t lived in the state continuously for 10 years and work with children. The full cost of $27.00 for the federal checks will still apply to volunteers and employees alike.

For more information about clearances required under the Child Protective Service Law, head to www.keepskidssafe.pa.gov. For more information about PA Act 153, you can read about it on our blog.

 

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The Implications of Pennsylvania Act 153 for Higher Education Employment

A new year means new laws and with the coming of 2015, Pennsylvania has rung in more measures to keep our children safe. Act 153 which took effect January 1st is the newest piece of legislation with the goal of protecting students at school. The law begins by extending the definition of “school” to include all public and private secondary and tertiary institutions and also extends the list of employees to be screened to include unpaid volunteers who have direct contact with children or routine interaction with children (i.e. provide the care, supervision, guidance, or control of).

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Do Background Checks Contribute to Unemployment?

Photo: http://newsonia.com/

With the unemployment rate under constant review, one of the most important questions being asked is: “what factors are causing unemployment?”

Gaining occasional attention is the notion of background checks leading to higher unemployment since they can bar applicants with a criminal record from landing a job.

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USDA Performs Drug Tests for Recreational and Medical Marijuana, Even in States Where It’s Legal

Although the number of states that are legalizing marijuana is increasing, the U.S. Department of Agriculture is sticking to their “Drug-Free Workplace” Program. In a memo to over 100,000 employees, the USDA stated that while some may be permitted by state law to use marijuana for recreational purposes, it “is not authorized under Federal law nor the Department’s Drug-Free Workplace program.”

Under this program, the USDA may conduct drug tests randomly, after an accident / unsafe practice, or if they are under reasonable suspicion that a worker is using drugs. These tests check for substances identified by the Drug Enforcement Administration as Schedule I or II. Schedule II drugs, such as cocaine, Ritalin, and methadone, are categorized as substances with accepted medical use but have the potential for abuse. Conversely, Schedule I drugs have no accepted medical use and boast an even greater abuse potential than Schedule II. These drugs include marijuana, heroin, and LSD. The Drug-Free Workplace program has conducted Schedule I and II drug tests since 1988 and shows no sign of adjusting to recent marijuana legalization laws.

The USDA memo reminds workers that everyone who tests positive for marijuana, no matter the state, will be disciplined – including those who use medical marijuana. The memo references Medical Review Officer Manual, stating, “State initiatives and laws, which make available to an individual a variety of illicit drugs by a physician’s prescription or recommendation, do not make the use of these illicit drugs permissible under the Federal Drug-Free Workplace Program.” This puts those using medical marijuana under the same jurisdiction as recreational users.

While that may seem harsh, it should be noted that marijuana is still illegal under federal law. Therefore, the USDA, as a federal agency, must maintain a marijuana-free policy. Additionally, working under the influence of marijuana can potentially threaten the safety, health, and security of other USDA workers and the American public.

However, an article on the subject does note that federal policy might be in for a change. The Food and Drug Administration is performing a study on marijuana’s safety and medicinal effects. Should the Administration downgrade marijuana from its Schedule I status, the USDA’s strict stance on the drug may change

 

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Discovery of Sex Offenders Employed in Theme Parks Sparks Need for Stronger Background Checks

iStock_000015651642SmallSince 2006 at least 40 employees of national theme parks have been arrested for trying to elicit sex from minors, possessing child pornography, and committing other sex crimes involving children. These child predators worked at parks such as Disney World, Universal Studios, and SeaWorld. While none of these cases involved the children visiting these supposedly child friendly parks, these potentially dangerous employees put the safety of visiting children at risk.

This pattern of theme parks hiring employees with a history of committing child sex crimes is shocking and disturbing. Recently, 16 sex predators, some of which being theme park employees, were caught in a Florida sex sting operations. But how do these predators even become employed at children’s parks?

Disney World Spokesperson, Jacquee Wahler maintains that Disney works “closely with law enforcement and organizations like the National Center for Missing and Exploited Children” in order to strengthen efforts against hiring sex predators. She also states that they “have extensive measures in place, including pre-employment and ongoing criminal background checks and computer monitoring and firewalls.” Universal Studios and SeaWorld also described having thorough background checks. Still, despite these attempts, some sex offenders manage to get hired.

Ernie Allen, co-founder of the National Center for Missing and Exploited Children, speculates that this may be because most child predators don’t have criminal records. However, he points out that there is more that companies can do to prevent hiring sex predators. For instance, in the future, these companies could perform more diligent sex offender registry research and sex offender background checks in addition to their general pre-employment and background checks. By strengthening their pre-employment research and background checks, theme parks can avoid this disastrous scandal in the future.

 

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California Proposes Bill to Implement Random Drug Tests on Doctors

Nearly one in five doctors develops a substance abuse problem at some point in their career, and one in ten currently working have a drug or alcohol addiction.

Consider the case of neurosurgeon Christopher Duntsch. After severely damaging the nerves of one patient and paralyzing another, the Texas hospital where he worked suspended him for one month. In his first surgery post-suspension, he severed a woman’s vertebral artery, causing her to bleed to death. While accidents are not uncommon in a surgical setting, Duntsch’s drug and alcohol addiction may have exacerbated the severity and frequency of these tragic malpractices.

Duntsch had been described as disastrous and allegedly would drink on the job — stashing vodka under his desk and reportedly taking LSD and Cocaine prior to surgeries. Despite these allegations, Duntsch never lost his license. In fact, when he left the one hospital, he was given a clean record. After being hired at a new hospital, Duntsch proceeded to botch two operations so badly, one woman ended up brain dead and another partially paralyzed. At this hospital, he was fired after one week. After 12 lawsuits from patients injured or paralyzed, and two deaths, Duntsch was never convicted of a crime.

Doctors like Duntsch are the reason California legislatures are pushing to implement random drug tests for doctors with hospital privileges and drug tests immediately following any major medical mistakes such as preventable deaths.

Under federal law, airline pilots and school bus drivers need to comply with random drug tests. These tests are performed to assure pilots and drivers can be responsible for the lives of others. This new bill would ensure that doctors would be held to that same level of accountability. Had random drug testing been implemented in the hospitals where Duntsch worked, negligent behavior could have been prevented.

 

Sources:

http://www.today.com/news/your-doctor-stoned-physicians-substance-abuse-problems-continue-work-1D79801891

http://www.nbclosangeles.com/news/local/doctor-drug-tests-troy-and-alana-pack-act-252061001.html

http://www.dallasnews.com/investigations/20140301-planos-baylor-hospital-faces-hard-questions-after-claims-against-former-neurosurgeon.ece

http://www.theguardian.com/world/2014/may/02/texas-legal-doctor-lawsuit-christopher-duntsch

 

 

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Infographic: Workplace Intelligence

Ever wonder how your ‘smarts’ fit into your workplace? The infographic, “What kind of smart are you” by BestEducationalDegrees.com examines how other forms of intelligence, separate from IQ, can help or hinder a team at work.

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Minimum Wages increase in New York, New Jersey & Connecticut

Effective December 31, 2013, the minimum wage in New York will increase to $8.00 per hour for non-tipped employees according to the Department of Labor, Division of Labor Standards.

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Philadelphia Eagles Player Targeted in Bank Fraud Scheme

Ed Hille/Philly.com

A Philadelphia Eagles player was the victim of theft by a person he trusted – an employee of a security firm. Late last month, Eagles offensive lineman, Todd Herremans made news headlines, but not for an Eagles victory. A 37-year-old man named Robert von Ryan is charged with bank fraud, allegedly stealing more than $225,000 from Herremans’ bank account.

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