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Employee Polygraph
Protection Act (EPPA) - Polygraph Testing for theft and losses in the
business workplace.
 Section
801.12 of the Federal Registrar, Vol 56, No. 42, page 9067, Final Rules
and Regulations, March 4, 1991
An employer may request
an employee to submit to a polygraph test,
only if-
(1) The test is
administered in connection with an "Ongoing investigation"
of an economic loss or injury to the employers business, such as theft,…
or an act of industrial espionage or sabotage.
(2) The employee
had "access" to the property.
(3) The employer
has "reasonable suspicion" that the employee was involved
in the incident.
(4) The employer
provides the examinee with a statement, which fully explains with particularity,
the specific incident being investigated and the basis for testing particular
employees and which contains
(i) an identification
with particularity the specific economic loss or injury.
(ii) a description
of the employee's access.
(iii) a description
in detail of the basis of the employer's reasonable suspicion.
(iv) the signature
of a person authorized to legally bind the employer.
(5) The employer
retains a copy of the statement and proof of service for at least three
years.
In addition...
(c)(1)(i) The terms
"economic loss or injury to the employers business" include
both direct and indirect economic loss or injury.
(iv) Indirect loss
or injury also includes theft or injury to property of another for which
the employer exercises fiduciary, managerial or security responsibility.
(2) Economic losses
or injuries which are the result of unintentional or lawful conduct
would not serve as a basis for the administration of a polygraph test.
The examinee
must be:
(i) provided with
a written notice as to when and where the examination will take place
and that the examinee has the right to consult with counsel or an employee
representative before each phase of the test. Such notice shall be received
by the examinee at least 48 hours, excluding weekend days, before the
examination. The written notice must set forth the time and date of
receipt by the employee…and be verified by his signature.
This examinee has
other specified rights regarding the polygraph which are the responsibility
of the examiner. Section 801.26 specifies qualifications and requirements
for examiners.
Please contact
our office for additional information or guidance.
 EPPA
Forms
The following forms
should be utilized when administering polygraph examinations pursuant
to the Employee Polygraph Protection Act of 1988 (29 USC, Chapter 22;
29 CFR 801): Please feel free to customize any form to meet your specific
needs. These forms are available in Adobe PDF and Microsoft WORD Formats.
Fax all completed
forms to 863.326.9511
 Contact
Us anytime toll free 1.866.865.6801
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Can
you pass a Polygraph Test?
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