Background checks put more than clients at ease

Since Jan. 1, the state of Missouri has required schools to conduct FBI criminal background checks on new hires including administrators, teachers, aides, paraprofessionals, assistants, secretaries, custodians, cooks and nurses. For bus drivers, background check requirements are satisfied by the checks done by the Department of Revenue for the issuance or renewal of a school bus permit, according to Chapter 168, Personnel – Teachers and Others, Section 168.133, the statute posted on the Missouri General Assembly’s Web site.
To meet the criteria of the Missouri revised statute, Springfield public schools have switched from the Missouri State Highway Patrol criminal background check to the FBI background check, said Bob Keyes, public information officer for the Springfield Public School System.
Keyes said the new procedure requires each new employee to submit two sets of fingerprint identification cards to the state highway patrol; the state highway patrol uses one set to check the family care safety registry and criminal history repository, while the second set is used by the FBI to check federal criminal history files. The cost, $38 per person, is initially paid by the new hire but is reimbursed by the school district after six months of employment, Keyes said.
The expense, which can equal close to $40,000 a year if the school system hires between 900 and 1,000 individuals, will be covered by general revenue, Keyes said.
While the new law means more expense for background checks – according to the Missouri State Highway Patrol Web site, previous checks were $5 per person – Keyes said the extra cost is worth it.
“While the (previous) background system did a good job, there have been new technologies and recent advances in law enforcement. The new fingerprint checks are a good tool to help protect the children,” Keyes said.
In Missouri, FBI criminal background checks, under a separate statute, may be performed for professional caregivers, including those employed by hospitals, nursing homes and licensed day care operators. Chapter 660, Department of Social Services, section 660.317, reads, “The fingerprint cards and any required fees shall be sent to the highway patrol’s criminal records division. The first set of fingerprints shall be used for searching the state repository of criminal history information. If no identification is made, the second set of fingerprints shall be forwarded to the Federal Bureau of Investigation, Identification Division, for the searching of the federal criminal history files.”
Margo Jarrell-Hankey, director of human resources at CoxHealth, said that CoxHealth checks criminal backgrounds in any state a potential employee has lived or worked in during the past seven years, in addition to certifying all professional licenses. She said driving records are checked only if driving is a job requirement.
Stan Murray, assistant administrator for Ferrell-Duncan Clinic, said that background checks have been done on all employees since the health care providers became part of CoxHealth in September 1996.
“They’re helpful because we have a relationship with our patients – one based in trust as well as medical knowledge,” Murray said.
For employers that don’t fall under legal obligations, the Missouri Capitol Police – an organization that patrols the Capitol building and public areas in Jefferson City and provides other services, including preventative information on workplace violence – recommends highway patrol criminal background checks to prevent workplace violence and protect the employer from negligible hiring claims. Negligent hiring liability can arise if an employer fails to adequately check the backgrounds or qualifications of employees that are in a position to cause injury, harm or death to another individual. This includes, but is not limited to, criminal activity. Employers who hire individuals to drive the company vehicle, for example, are responsible for ensuring that new employees have safe driving records.
Employers can provide name, date of birth and Social Security number and a $5 fee (per background check) to the Criminal Record Division of the Missouri State Highway Patrol.
For noncriminal background information, businesses can work with local companies, including The Payroll Co., which added background checks to its roster of services in January. Kemmi Rusciano, marketing director for The Payroll Co., said the background checks, which cost $45 each, look into driving records, civil judgments, liens, and bankruptcies, as well as the county, state and federal criminal history of potential new hires.
“There’s been a lot of interest. People are becoming aware of the liability of hiring the wrong person,” Rusciano said, noting that The Payroll Co. provides facts but does not advise clients on which individuals should be hired.
When one wrong hire can hinder a company’s reputation and bottom line, some businesses consider background checks a cost of doing business.
Richard Ollis, president and CEO of Ollis & Company Insurors, said his company uses an outside source to conduct motor vehicle, workers’ compensation, credit, and criminal background checks on potential employees, although conditional offers of employment will be made to candidates before background checks are made.
“We feel it is a very important part of the hiring process. In our business, a lot of insurance companies will not license someone with a poor credit history to be an agent,” Ollis said.
Ollis, whose company employs 30 and covers the cost of the background checks, said he works with large companies that can hire 10 or more employees per week, and he can relate to concerns about cost. “But I’ve seen this avoid problems so many times, it’s worth the expense,” Ollis said.
However, it’s a good idea to get legal advice before implementing a background check program, because under the Federal Trade Commission’s Fair Credit Reporting Act, some personal history records, such as credit checks, require a signed release from the potential hires prior to investigation.
And employers should be advised on how to use the information obtained.
“It is my understanding that you cannot exclude a prospective employee based on past workman’s compensation claims,” Ollis said.
For now, the insurance business hasn’t progressed to the point of offering discounts to employers who perform background checks, Ollis said.
“I couldn’t speculate on whether or not it will hit that stage. But many insurers are using the tool more,” Ollis said.
For Ollis, the commitment to employee background checks goes beyond the recommendations of an insurance agent. “I not only believe in this from an insurance aspect, but I also believe in it as a solid business practice,” he said.