By W. Barry Nixon, COO, PreemploymentDirectory.com
Continuous monitoring or Post Hire Criminal Monitoring is the process of conducting on-going checking of records to have an almost real-time notification of arrest, updates of criminal records and driving records. A Continuous Monitoring process alerts employers in close to real-time to criminal activity that their employees have been involved with. Instead of needing to periodically check on employee behaviors you get this information on an on-going basis to aid you in being able to make informed management decisions to help you provide a safe work environment and protect your firm’s reputation. An effective continuous monitoring process should be a key component of your risk management program.
How does Continuous Criminal Monitoring work?
A typical Continuous Criminal Monitoring workflow proceeds like this:
- An employer or CRA plugs a roster of employees into a population management platform.
- The Continuous Monitoring solution watches and analyzes thousands of data streams for criminal activity by providing an incarceration alert from Appriss Insights national data feed. This data stream is nationwide, covering 45 states and more than 2,800 incarceration facilities.
- If a criminal event is detected, the CRA or employer is alerted within minutes
Continuous Monitoring is the only form of criminal background screening that eliminates gaps between when an employee is convicted of a crime and when an employer discovers it. These screening gaps can create a lot of risk for employers and can be costly.
What kind of risk are we talking about? Here are a few examples:
Example #1: Your firm employs commercial truck drivers. One of your drivers has gotten a DUI and never reported it to you. He is in an accident while making a delivery and you discover the DUI. If you had Continuous Monitoring in place you would have known about the DUI within hours.
Example #2: Your firm provides tutoring services in math and science to high school students. One of your instructors is arrested and booked for a sexual assault on a minor. With a Continuous Monitoring program in place, you will know about the arrest in hours, thus positioning your management to be able to make an informed decision about the situation. While in many cases arrest records should not be used in hiring decisions, in this case, there is a clear nexus between the arrest and the nature of the work the person performs. It would be prudent to remove the person from assignments that involve working with youth until the case is adjudicated.
Does Your Continuous Monitoring Program Comply with State and Federal Laws?
A major consideration of implementing a Continuous Monitor process is to manage the associated compliance issues to ensure your program operates within the legal framework of your state.
Attorney Les Rosen, founder and Chief Executive Officer (CEO) of the number one rated background check firm by HRO Magazine, Employment Screening Resources® ESR, “There are numerous details and issues to consider before using continuous monitoring including accuracy and up to date information considerations.”
“For one thing, not all states’ complete and up to date information is found in ‘national criminal databases,’ meaning there can be both false negatives and false positives without validation with the primary source of the record. In addition, employers need to make sure that the monitoring is only performed on current employees and not those no longer employed by the company,” added Rosen, author of the ‘Safe Hiring Manual.’
“Even if a criminal record is found during monitoring, employers need to ensure its use is fair, relevant, and non-discriminatory, and in keeping with local and state laws on the use of criminal records as well as the U.S. Equal Employment Opportunity Commission guidance on the use of criminal records,” Rosen explained.”
The true benefit of Continuous Monitoring is that it solves the information gap that employers have if they only conduct pre-employment background screening checks. Will you know when one of your employees is arrested and booked for crime that could put your employees and organization in harm’s way?
Learn more about Continuous Monitoring and how it fits into an overall Continuous Screening Program that will help your organization have the information it needs to be able to better manage its workforce risk.