On December 27, 1988, the Employee Polygraph Protection Act became law. This federal law established guidelines for polygraph testing and imposed restrictions on most private employers.
This legislation only affects commercial businesses. Local, State and Federal government agencies (such as police departments) are not affected by the law, nor are public agencies, such as a school system or correctional institution. In other words, only certain governmental agencies and select private industry companies may polygraph prospective employees.
However, provided certain criteria has been met, an employer that has suffered an identifiable economic loss, may employ the use of this effective investigative tool in order to provide additional information with respect to the business loss.
Polygraph Examiners, mostly with law enforcement, or military backgrounds, have extensive training in interviewing skills. Although an examiner can not guarantee a favorable outcome, he or she can assist in obtaining additional information never before revealed to HR or your internal investigator.
There are requirements which must be completed by the Employer before EPPA compliant polygraph testing may take place. For example, the incident investigation must be ongoing where there there has been an identifiable economic loss. There are other important requirements necessary to comply with, the vast majority of which have not been posted on this blog. For further, detailed information go to
http://www.dol.gov/compliance/laws/comp-eppa.htm
EPPA issues are a serious matter, and should be never be placed in the hands of any “pseudo-examiner” pretending to possess the necessary skills and legal requirements to provide a valid and reliable test.
Although I can not vouch for a qualified examiner’s ability to conduct a valid and reliable test, I can offer the public the free service of verifying a prospective examinee's relationship or status in the following organizations: California Association of Police Polygraphists, American Polygraph Association, National Polygraph Association and the American Association of Police Polygraphists. Any examiner belonging to any of these organizations has strict standards of practice which must be adhered to.
There are no other organizations known nationally, by state (except those officially posted on the American Polygraph Association website), county or city. Anyone seeking a polygraph examiner should exercise caution when considering anyone claiming membership in any group other than the organizations listed above.
It is important to note, polygraphs administered less than 90 minutes is considered to be invalid! There is a great deal of investigative inquiry and work that goes into administering EPPA polygraph testing. If you have any questions, or wish to speak with me directly, conact me at 562.900.5366 or at my website.
www.tbtpolygraph.com
You need to be a member of OC METRO to add comments!
Join OC METRO