How to Select a Security Firm, Understanding the Fair Credit Reporting Act and
Avoiding Road Rage
April 2010
Issue 3
This issue touches on three topics that are important to corporations and also
valuable to their employees:
Selecting a Security Firm - Tom Owen, Director of Security at U.S. Security Care, Inc., provides the questions
buyers should ask and the criteria they should use when evaluating potential firms.
Fair Credit Reporting Act - Greg Kirsch, Director of Investigations and Pre-employment Screening at U.S.
Security Care, Inc., addresses a federal law, the Fair Credit Reporting Act (FCRA).
Avoiding Road Rage - Bill Addis, a former state trooper and team leader at U.S. Security Care,
Inc., provides tips on how to avoid and handle enraged drivers.
If you have a security related question of any kind, please do not hesitate to
contact us. If there is a topic you would like to read about in our newsletter,
write to us at piersond@usscinc.com.
Richard Wolfson
President
U.S. Security Care, Inc.
EVALUATING SECURITY FIRMS
The need to hire experienced, qualified security personnel to protect employees
and physical assets has been growing over the last few years. Corporate leaders
that need to protect their employees and assets have hundreds of firms to choose
from both in the US and around the world.
Tom Owen, Director of Security at U.S. Security Care, Inc., breaks the selection
process into two parts. The first part is determining what needs to be protected.
The second part is deciding the manner and methods of achieving the desired protection.
Owen recommends the following list of considerations for each part.
Four Criteria for What Should be Protected
Owen recommends the following four criteria for determining what should be protected:
• Intangible Asset - Proprietary business practices or product information.
• Tangible Asset - A facility, equipment or high value objects.
• Human - Individual or group of individuals such as an executive and/or
workforce.
• Special Event - Venue access and the assurance of orderly conduct by attendees.
Five Considerations for Determining the Appropriate Protection
Owen suggests the following questions:
• Can protection be provided solely by physical means?
• Can protection be provided solely by technological means?
• Can protection be achieved through the use of security personnel alone?
• Is a combined physical/technology/human approach best?
• What responsibility and priority is given to each component?
Determining a company's security needs is very specialized and requires experienced
expertise. Owen suggests the most efficient and best way is to engage a security
consultant.
"The function of a security consulting firm is multi-faceted," said Owen. "The
consultant should conduct the following assessments:
• Current and anticipated threat and risk levels.
• Vulnerability to the assessed threat and risk.
• The current means and methods of mitigating vulnerabilities.
• Recommendation of appropriate modification or upgrades to the means and
methods of mitigating vulnerability.
Once the assessment process has been completed, the selection of the product
and/or service provider can begin."
Selection evaluation should be very similar to any other "hiring" process and
the following questions should be asked:
• What are the knowledge, skills and abilities of the product or service
provider?
• Do they have the training and experience in providing the desired products
and/or services?
• Can references (past clients) be provided?
Owen cautions buyers to be leery of smaller firms who claim to provide any and
all products and services within the numerous segments of the security industry.
Owen concludes with this final warning: "Obviously the smaller the company (and
corresponding number of principals and employees), the less likely it will contain
personnel who have acquired the comprehensive training and experience needed to
achieve a professional level of expertise in the various areas of security specialization."
FAIR CREDIT REPORTING ACT'S IMPACT ON HIRING
Greg Kirsch, Director of Investigations and Pre-employment Screening at U.S.
Security Care, Inc., addresses a federal law, the Fair Credit Reporting Act (FCRA),
that many have heard or read about, but don't completely understand what it means
for companies and prospective employment candidates.
What is the Fair Credit Reporting Act (FCRA)?
Kirsch: "The Fair Credit Reporting Act is an Act of Congress to protect consumers
when they apply for loans, jobs and certain other things. It is enforced by the
Federal Trade Commission (FTC). However, it does not only regulate financial
information. The FCRA regulates the dissemination of all consumer information
to third parties. Under the FCRA, a consumer is basically an applicant, whether
it is for a car loan or a job.
"The FCRA defines specific parameters on what can and cannot be reported by a
Credit Reporting Agency (CRA), such as U.S. Security Care, Inc., to a third party
about an applicant or consumer. For instance, under the FCRA, arrests not resulting
in conviction beyond seven-years cannot be included on a Consumer Report. However,
as a CRA, when U.S. Security Care, Inc. searches a court house for criminal records,
we may in fact see non-convictions outside of that seven-year reporting period.
It is then our duty under the FCRA to not supply that information to the deciding
party.
"Conviction histories have no reporting limit under the FCRA, though other adverse
items that are older than seven or 10 years (depending upon the type of information)
are generally banned. Additionally, non-convictions outside of seven years can
be reported if an applicant is expected to make a salary in excess of a specified
amount identified in the FCRA. There are also several states that have enacted
individual state statutes to the FCRA, such as Texas, limiting all conviction
history to seven years unless the expected salary is in excess of $75,000. With
all of the variations, the reporting issues can get very complicated.
How does the FCRA impact individuals?
Kirsch: "The individual's rights are specifically outlined in the FRCA. Whenever
a consumer report is requested on an individual, a valid, signed Authorization
for Release of Information form must be on file for the applicant. Additionally,
it is our recommendation to provide applicants with a copy of their Rights Under
the FCRA at the time the authorization form is completed.
"If an adverse action such as a "decision not to hire" is taken on an individual
based on the consumer report's results; that individual must then be provided
with:
• Specific information outlined in the FCRA
• Pre-Adverse/Adverse Action notice
• A copy of the report which they are entitled to at any time
• A copy of their rights under the FCRA
"There are also specifically defined guidelines regarding the dispute of any
information found in the report by the applicant. Within a set period of time,
the CRA will engage in a re-investigation as needed regarding the disputed item
and provide a follow-up report to the involved parties indicating the results."
How does the FCRA affect employers?
Kirsch: "When potential employers request a pre-employment screening on an applicant,
they immediately become a responsible party under the FCRA. Since a CRA such
as U.S. Security Care, Inc. is not aware of the actual hiring decisions and plays
no role in the decision making process, the prospective employer is expected to
provide applicants with the proper adverse action documentation previously mentioned
when applicable. That information contains the CRA's contact information for
dispute purposes. As a CRA, U.S. Security Care, Inc. will engage in all of the
necessary re-investigation efforts once an official dispute has been placed. Prior
to that, the CRA's primary responsibility is only to report items of official
record as deemed reportable under the FCRA."
AVOIDING ROAD RAGE
As spring gives way to summer and the economy improves, more people will be driving
their automobiles. As the highways become congested, tempers will begin to flair.
Bill Addis, a team leader at U.S. Security Care, Inc. and a former state trooper,
recommends the following three strategies for avoiding road rage:
Courteous Driving
Do not cut into line or cut anyone off. Allow other drivers to merge smoothly
in front of you. Keep right and allow faster moving vehicles to pass.
Avoid Glaring and Making Rude Gestures
There is no way of knowing whether the motorist you are making faces at is looking
for someone to vent their frustrations on. The driver may have just been fired,
or suffered some other significant loss that may have greatly affected his or
her mood. Even if another driver does something you perceive as obnoxious, it's
better to ignore it.
Avoid Mean-Spirited Actions
Do not dart into an open parking spot that another driver was obviously waiting
for. Avoid blocking driveways or double-parking your car. Lastly, using a handicapped
spot if you're not actually handicapped is a major breach of etiquette and also
against the law.
10 Ways to Avoid Enraged Drivers
Everyone makes driving mistakes, acknowledges Addis, so gesturing an apology
is the best course of action. In the event an apology is not sufficient and the
driver is intent on following you or acting aggressively, below are 10 ways to
avoid a physical confrontation:
The key to avoiding road rage is being courteous, staying calm and not being
drawn into a course of action that could lead to someone being seriously hurt
or worse.
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