October

The highly networked computer technology that has made companies more efficient has also left them more vulnerable to threats from insiders intent on stealing information or sabotaging a company's operations. Companies looking to protect themselves from in-house data theft can undertake a number of preventive measures. According to Carnegie Mellon University's Software Engineering Institute, about half of the companies surveyed each year since 2004 said they had experienced at least one in-house breach in the previous year. These breaches are further complicated by cloud storage, which may allow insiders to steal larger amounts of information at a time. To mitigate these risks, companies must implement layered protections. The first of these layers should focus on identifying and limiting access to the data and systems that are most vulnerable. Even system administrators do not need to have full access to all systems. Companies can also rely upon a variety of data-loss prevention technologies that can perform functions such as preventing employees from copying files to flash drives and other types of portable storage media. Network monitoring is also necessary, as this allows companies to quickly flag any suspicious activity and conduct a thorough investigation to minimize any damage.

The Department of Health and Human Services (HHS) notifies federal agencies of the Laboratories and Instrumented Initial Testing Facilities (IITF) currently certified to meet the standards of the Mandatory Guidelines for Federal Workplace Drug Testing Programs (Mandatory Guidelines). The Mandatory Guidelines were first published in the Federal Register on April 11, 1988 and require strict standards that IITF must meet in order to conduct drug and specimen validity tests on urine specimens for Federal agencies. To become certified, an applicant Laboratory|IITF must undergo three rounds of performance testing plus an on-site inspection. To maintain that certification, a Laboratory|IITF must participate in a quarterly performance testing program plus undergo periodic, on-site inspections. A notice listing all currently certified laboratories and IITF is published in the Federal Register during the first week of each month. If any laboratory or IITF certification is suspended or revoked, the laboratory or IITF will be omitted from subsequent lists until such time as it is restored to full certification under the Mandatory Guidelines. If any laboratory or IITF has withdrawn from the HHS National Laboratory Certification Program (NLCP) during the past month, it will be listed at the end and will be omitted from the monthly listing thereafter.

An increasing number of states have passed varying laws regarding marijuana legalization and the use of medical marijuana. At the same time, the federal government still maintains that marijuana use is illegal. Businesses that operate under federal contracts or fall under the Department of Transportation still must comply with drug testing regulations, regardless of state laws. Medical marijuana use is of special importance to employers, especially those who have a drug testing program in place. Some state laws do not mention their effect on the workplace, while others such as Arizona, Delaware, Maine and Michigan include provisions that address marijuana and the workplace. In states that allow medicinal marijuana, employers may still lawfully prohibit employees from using marijuana during work hours. Drug testing potential employees and those who are already employed with your company is very important, and although not a requirement under the Drug-Free Workplace Act of 1988 for most industries, it is recommended, and can be an integral part of your background check program. As the courts continue to update laws on medical marijuana, HR departments need to obtain guidance from local attorneys that specialize in labor laws to create drug policies that protect both their business interests and employees.