· At Kelly Professional Investigations, Inc. we have an on staff Clinical
Forensic Psychophysiologist (Polygraph Examiner).
· Through our examinations we provide closure to unpleasant or questionable
circumstances.
· This service may be provided at our location, in a private area designated
for polygraphs, or, for your convenience, it may be provided at a
comfortable location of your choice.
· We provide polygraph examinations of a vast variety an example of some
of the most frequently sought services would be:
> Criminal (including theft, murder, etc.)
> Civil (including infidelity, divorce and child custody)
> Post-conviction sexual offenders (POSCOT)
> Pre-employment and post-employment screening as per E.P.A. standards
> Paternity testing
· Our current instrument of choice is the Stoelting Computerized Polygraph System (CPSII).
Mr. Kelly is a graduate of The Skyhawk Polygraph Institute of Illinois it is very important to him to maintain continuing education. Mr. Kelly's current CEU's consist of Post Conviction Sex Offenders Training, Advance Polygraph Techniques and Terrorist Polygraph Techniques. While attending the institute, Mr. Kelly was under the tutelage of Dr. Samuel Braddock, D.O.D., N.S.A., A.T.S.A. Under Dr. Braddock he was trained in various techniques such as the following:
Raskins DLCT
D.O.D.'s
R and I
P.O.T.
S.P.O.T.
G.Q.T.
Reid's M.G.Q.T.
Bi-zone and Tri-zone
Baxter's Zone of Comparison
Mr. Kelly also holds an Associates Degree in Criminal Justice and is a 21 year veteran of law enforcement. As a Detective/Sergeant from two separate County Sheriffs Offices, he is well versed in interrogations of suspected offenders in all areas of the law. So as you see, his experience in this area is invaluable.
In closing, Mr. Kelly would like to say that it is imperative that a Polygraph Examiner have a clear and concise knowledge of the law. And that is precisely what he has to offer.
Tests conducted in accordance with the Federal E.P.P.A Law
Unfortunately, there will be sometime in your experience as a business owner or executive where you are faced with a business loss due to employee theft or negligence. In these difficult times, it is alwas best to bring in an outside professional to handle these delicate situations and try to preserve company morale.
If you have had a specific business loss, you CAN conduct polygraph tests on your employees, but these tests fall under the strict guidelines of the Employee Polygraph Protection Act or (EPPA).
For your convenience, we have included here how this law effects you so that you can get your situation resolved and do so within the legal limits of the law. Please read the following document carefully and then contact us for a consultation.
Employee Polygraph Protection Act of 1988 (EPPA)
What is EPPA?
On December 27, 1988, the Employee Polygraph Protection Act (EPPA) became law. This federal law established guidelines for polygraph testing and imposed restrictions on most private employers. The following is a brief summary of the essential elements of the law.
Who is affected by EPPA?
This legislation only affects commercial businesses. Local, State and Federal governmental agencies (such as police departments) are not affected by the law, nor are public agencies, such as a school system or correctional institution. In addition, there are exemptions in EPPA for some commercial businesses. These are:
1. Businesses under contract with the Federal Government involving specified activities (e.g., counterintelligence work).
2. Businesses whose primary purpose consists of providing armored car personnel, personnel involved in the design or security personnel in facilities which have a significant impact on the health or safety of any state. Examples of these facilities would be a nuclear or electric power plant, public water works, or toxic waste disposal.
3. Companies which manufacturer, distribute or dispense controlled substances.
How does EPPA affect businesses which are not exempt?
In general, businesses cannot request, suggest or require any job applicant to take a pre-employment polygraph examination. Secondly, businesses can request a current employee to take a polygraph examination or suggest to such a person that a polygraph examination be taken, only when specific conditions have been satisfied. However, the employer cannot require current employees to take and examination, and if an employee refuses a request or suggestion, the employer cannot discipline or discharge the employee based on the refusal to submit to the examination.
What are the conditions that an employer must meet in order to ask a current employee to take a polygraph?
The American Polygraph Association is furnishing the following information, which it believes is in good faith, and conforms to the Department of Labor's Regulations relating to polygraph tests for employees. This information is considered only as a guideline to assist in complying with the Act and Regulations, and the American Polygraph Association is disclaiming any liability in connection therewith. Employers should develop their own forms, using their own company name, and should also review their final forms through their own legal counsel.
I. Checklist for the Employer
1.
The incident must be an ongoing, specific investigation.
2.
It must be an identifiable economic loss to the employer.
3.
Obtain a copy of the Employer Polygraph Protection Act of 1988.
4.
Provide the employee with a written statement that includes:
a.)
Identification of the company and location of employee
b.)
Description of the loss or activity under investigation
c.)
Location of the loss
d.)
Specific amount of the loss
e.)
Type of economic loss
f.)
How the employee had access to the loss Note: access alone is not
sufficient grounds for polygraph testing
g.)
What kind of reasonable suspicion there is to suspect the employee of
being involved in the loss?
5.
The Statement provided to employee MUST be signed by someone other
than the polygraph examiner, who is authorized to legally bind the
employee, and MUST be retained by the employer for at least 3 years.
6.
Read the Notice to Examinee to the employee, which should be signed,
timed, dated and witnessed.
7.
Provide the employee with 48 hours advanced notice (not counting
weekends or holidays) to the date and time of the scheduled polygraph
test.
8.
Provide employee with written notice of the date, time and location of the
polygraph test, including written directions if the test is to be conducted
at a location other than at the place of employment.
9.
Maintain a statement of adverse actions taken against the employee
following a polygraph test.
10.
Conduct an additional interview of employee prior to any adverse action
following a polygraph test.
11.
Maintain records of ALL of the above for a minimum of 3 years.
12.
Employees may not waive their rights.
13.
Police and investigators are not exempt and must comply if they are
conducting an employment related polygraph test, i.e., when conducting
a polygraph test on an internal theft for a missing deposit. Information
about a polygraph provided to the employer by a police officer or
investigator is prohibited under the Act, since employers are not allowed
to use, accept or inquire about the results.
14.
There is a $10,000 penalty for EACH violation of the law.
15.
Check out the credentials of the polygraph examiner that you use and
verify that the examiner meets EPPA requirements. Never hesitate to ask
for written proof of licensing, liability insurance, etc.
16.
Use your company letterhead on all forms you provide to the employee.
Have your corporate attorney review your actions to assure your
compliance of EPPA.
II. Checklist for the Polygraph Examiner:
1.
Provide the employer with a copy of EPPA guidelines. Do not just try to
explain what has to be done during a phone conversation with the
employer.
2.
The examiner should not get involved in assisting the employer to
determine who should or should not be tested, or who does or does not
have access or reasonable suspicion.
3.
Obtain a copy of the signed statement of advance notice provided to the
employee, along with a copy of the explanation of their rights and written
directions/appointment PRIOR to the Interview. Obtain a photo I.D. of the
employee. RULE OF THUMB: No form, no test! No identification, no test!
4.
Provide the employee with a written explanation of the polygraph test and
procedures. Have it signed by the employee and make sure to include the
date and time it was provided.
5.
Read and explain the rights to the employee. Have it signed, dated and
timed.
6.
Advised the employee of any taping and/or one-way mirrors.
7.
Carry a minimum of $50,000 or equivalent professional liability coverage.
8.
Conduct no more than 5 polygraph tests during one calendar day, even if
only 1 test is under EPPA. This includes ALL tests for all employers and/or
lawyers you conducted during the day!
9.
Administer no test that is less than 90 minutes in duration.
10.
Provide the employee with the polygraph test questions in writing. Have
the employee write out their answers and sign the question sheet for
verification of review.
11.
Have an appropriate license, if so required, in the state where the test is
to be conducted.
12.
Keep a log of company name, employee name, date and times for all
polygraph tests during the course of a day when 1 test is given under
EPPA.
13.
Inform the employee of the results of the test and allow him/her an
opportunity to explain any reactions.
14.
Provide any opinion of deception or non-deception in writing.
15.
Results must only be based on the polygraph test results, and should
NOT be based on behavior.
16.
Do not include any information, unless relevant, to the original purpose of
the test to the employer.
17.
Keep a copy of ALL reports, notes and records for a minimum of 3 years.
18.
Provide a copy of charts, questions and reports to the employee upon
request.
19.
Provide a copy of charts, questions and reports to the employer when
results are deceptive.
20.
Provide the Department of Labor with copies of the same, within
72 hours, upon request of the Secretary of DOL, or other authorized
person of DOL.
III. Preemployment Testing under EPPA
For preemployment testing under EPPA, refer to the Act for exemptions. Even though an employer may be exempt and able to use preemployment polygraph testing, the guidelines under EPPA still apply. Follow the Checklist for both the employer and examiner use, omitting the step for preparation of the employer's statement with respect to an ongoing investigation, which would apply for specific testing only. ALL OTHER GUIDELINES WILL APPLY.
US Code: Title 29, Chapter 22
Related EPPA links:
Compliance Assistance - The Employee Polygraph Protection Act (EPPA)
