Glossary of Background Screening Terms

Third-party organizations contracted with employers that provide educational and counseling services. Types of services and who may be eligible vary and will be detailed in employee benefit packages.

A person or entity that employs one or more individuals and establishes or administers a workplace drug and/or alcohol testing program. This includes employers’ officers, representatives, and management personnel responsible for program oversight. In DOT‑regulated programs, an employer is any person or entity subject to DOT agency regulations requiring compliance with applicable drug and alcohol testing requirements.

Training provided to breath alcohol technicians (BATs), collectors, and screening test technicians (STTs) following an error that resulted in the cancellation of a drug or alcohol test. 

A device approved by NHTSA for the evidential testing of breath at the .02 and .04 alcohol concentrations, placed on NHTSA's Conforming Products List (CPL) for Evidential Breath Measurement Devices and identified on the CPL as conforming with the model specifications available from NHTSA's Traffic Safety Program

The Department of Health and Human Services or any designee of the Secretary, Department of Health and Human Services.

Often referred to as a “per se” limit, a legal or regulatory threshold that defines impairment based on a measured concentration of a substance. Under an impairment standard, an individual may be considered impaired when their test result exceeds the established cutoff level, even if there is no direct evidence of observable impairment or adverse effects.

The deterioration of an individual’s judgment and/or physical ability impacts their ability to function productively and/or safely. Drug or alcohol use, sleep deprivation, or distraction could all be impairing.

The first analytical test performed on a specimen to determine whether the presence of drugs or drug metabolites is below established cutoff levels or if further (confirmation) testing is required. This test is used to differentiate a negative result from a non‑negative result.

The first laboratory test performed on a specimen to assess specimen integrity and determine whether it is consistent with normal human urine, including evaluation for adulteration, dilution, or substitution.

The result of a drug test for a urine specimen that contains an unidentified adulterant or an unidentified interfering substance, has abnormal physical characteristics, or has an endogenous substance at an abnormal concentration that prevents the laboratory from completing or obtaining a valid drug test result.

A licensed physician who is responsible for receiving and reviewing laboratory drug test results and evaluating potential medical explanations for non-negative findings. The MRO determines the final result of a drug test before it is reported to the employer and serves as an independent, confidential safeguard in the drug testing process.

A final test result indicating that the concentration of drugs or drug metabolites in a specimen is below the applicable cutoff levels, and no further testing or review is required.

An initial, preliminary screening result that indicates a specimen is not clearly negative, suggesting the presence of drugs, metabolites, or issues like adulteration, substitution, or dilution. Non-negative results are not final and require additional laboratory confirmation testing (e.g., GC-MS) and/or Medical Review Offer (MRO) review before a final determination is made. 

DOT division that oversees drug and alcohol testing for transportation workers in aviation, trucking, rail, and transit industries.

A final test result indicating that the concentration of a drug or drug metabolite in a specimen meets or exceeds the applicable cutoff level and has been confirmed through required laboratory testing and Medical Review Officer (MRO) review. 

The portion of a collected specimen that is opened and tested by the initial laboratory to determine the presence of drugs or drug metabolites and to perform specimen validity testing. Results from the primary specimen are used for initial screening, confirmation testing, and Medical Review Officer (MRO) review. 

For cannabis testing purposes, this refers to tests designed to detect proximate use that occurred within hours prior to specimen collection.

a job role where an employee’s impaired performance, due to alcohol or drug use, could result in a significant incident affecting the health and safety of the employee, coworkers, the public, or cause substantial property damage.
These positions often involve operating heavy machinery, driving commercial vehicles, handling hazardous materials, or managing public safety. 

An individual who is trained and qualified to conduct alcohol screening tests, including instructing and assisting individuals during the testing process and operating approved alcohol screening devices. An STT performs screening tests only and does not conduct alcohol confirmation tests using an evidential breath testing device (EBT).

Any person or entity, other than an employee of the employer, who provides or coordinates services related to workplace drug and/or alcohol testing programs. In DOT-regulated programs, service agents include organizations or individuals who perform functions specified under DOT regulations in support of employer compliance.

A bottle that, once filled, sealed, and labeled according to applicable collection procedures, is used to hold and protect a urine specimen during storage and transportation to the laboratory.

A unique identifier assigned to a specimen at the collection site at the time of collection. This identifier appears on the Chain of Custody Form and specimen bottle and stays with the specimen through its entire life. It is used to maintain chain of custody and identify or track the specimen from the moment of collection until the result is reported.

A portion of a urine specimen that is sealed and retained unopened after collection and initially sent with the primary specimen to the first laboratory. The split specimen is preserved for testing at a second laboratory if the donor requests reanalysis following a verified positive, adulterated, or substituted result on the primary specimen.

The practice of temporarily removing an employee from the performance of safety-sensitive functions based solely on a laboratory report to the Medical Review Officer (MRO) indicating a confirmed positive, adulterated, or substituted drug test, before the MRO has completed verification of the test result.

A person who evaluates employees who have violated DOT drug and alcohol regulations and makes recommendations concerning education, treatment, follow-up testing, and aftercare.

Specimen with creatinine and specific gravity values that are so diminished that they are not consistent with human urine.

A strip affixed to or used with a urine specimen bottle to determine whether the specimen’s temperature is within the expected range of 90-100 degrees Fahrenheit (32-38 degrees Celsius) at the time of collection. This helps to ensure that tampering has not occurred.

A drug test result or specimen validity test result from an HHS-certified laboratory that has undergone review by a Medical Review Officer (MRO) and finalized as the official test result.

A change in an employee’s working conditions in order to accommodate work restrictions.

Any occupational safety and health standard or modification thereof which (1), has been adopted and promulgated by a nationally recognized standards-producing organization under procedures whereby it can be determined by the Secretary that persons interested and affected by the scope or provisions of the standard have reached substantial agreement on its adoption, (2) was formulated in a manner which afforded an opportunity for diverse views to be considered and (3) has been designated as such a standard by the Secretary, after consultation with other appropriate Federal agencies.

National Institute for Occupational Safety and Health, a U.S. federal agency under the CDC. It conducts research and recommends ways to prevent work-related injuries, illnesses, and deaths, including testing respirators such as N95 masks. Established in 1970, it focuses on scientific research rather than enforcement. 

Occupational Safety and Health Administration, is a U.S. federal agency under the Department of Labor that ensures safe and healthful working conditions by setting, enforcing, and monitoring standards. Created by the 1970 OSH Act, it provides training, education, and assistance to reduce workplace injuries, illnesses, and fatalities.

Medical examinations and monitoring required by Occupational Safety and Health Administration regulations to protect workers from specific workplace hazards, including respirator medical evaluations, hazmat physicals, hearing conservation testing, and exposure monitoring for chemicals.

A standard which requires conditions, or the adoption or use of one or more practices, means, methods, operations, or processes, reasonably necessary or appropriate to provide safe or healthful employment and places of employment.

Specialized clothing or equipment worn by an employee for protection against a hazard. General work clothes not intended to provide protection against hazards are not considered personal protective equipment.

A detailed description of the physical requirements of a specific job, documenting the frequency and intensity of activities such as lifting, carrying, bending, reaching, climbing, and other physical tasks performed. PDAs serve as the foundation for job-related medical testing, return-to-work decisions, ADA accommodation determinations, and workers' compensation evaluations.

A medical examination conducted after a conditional job offer but before employment begins, designed to determine if an applicant can safely perform the essential functions of the job with or without reasonable accommodation. Under the Americans with Disabilities Act (ADA), these examinations must be job-related, required of all applicants in the same job category, and kept confidential, with results stored separately from personnel files.

A group of breathing tests used to measure how well the lungs work by assessing airflow, lung volume, and gas exchange, commonly used to evaluate respiratory health, fitness for duty, or conditions such as asthma, COPD, or other lung disorders.

A blood test used to detect latent or active tuberculosis (TB) infection by measuring the immune system’s response to TB‑specific antigens, commonly used as an alternative to the tuberculin skin test (TST).

A test conducted to verify that a respirator properly fits an individual’s face, ensuring an adequate seal and effective protection against airborne hazards. The fit test may be qualitative or quantitative and is required before initial use and periodically thereafter, in accordance with applicable safety regulations.

A medical assessment conducted after an employee has been absent due to illness, injury, or medical leave to determine if they are able to return to their job duties and to identify any work restrictions or accommodations needed. These evaluations may include reviewing medical records, performing a physical examination, conducting functional testing, and collaborating with the treating physician to ensure a safe transition back to work.

A screening test for tuberculosis (TB) in which a small amount of tuberculin is injected under the skin and the injection site is evaluated after 48–72 hours to determine whether a TB infection may be present.

A laboratory test that measures the presence and concentration of specific antibodies in the blood to determine immunity to a disease or prior exposure to an infection. Common antibodies tested include Hepatitis B, Measles, Mumps, Rubella (MMR), Varicella (Chickenpox), and Tuberculosis (TB).

The medical precaution of avoiding contact with patients' bodily fluids by means of the wearing of nonporous articles such as medical gloves, goggles, and face shields.

A medical product administered to stimulate the body’s immune system to produce protection against a specific disease. Vaccines help prevent infection or reduce the severity of illness if exposure occurs. Common workplace‑related vaccines include Hepatitis B, Influenza (Flu), MMR (Measles, Mumps, Rubella), Varicella (Chickenpox), Tdap, and COVID‑19.

Testing to assess visual acuity, depth perception, color vision, and peripheral vision for positions where vision is critical to job safety and performance, such as drivers, equipment operators, etc.

Voluntary health assessments offered by employers to identify health risks and promote preventive care, typically including measurements of blood pressure, cholesterol, glucose, body mass index, and other health indicators. Unlike occupational health examinations required for specific jobs or exposures, wellness screenings are part of health promotion programs and must comply with ADA, HIPAA, and GINA regulations regarding voluntary participation, confidentiality, and incentive limits.

Violations committed with “intentional disregard” for the law or “plain indifference” to worker safety, according to OSHA guidelines.

The process of updating Section 3 of Form I-9 when an employee's temporary employment authorization expires, which requires the employee to present unexpired documentation showing continued work authorization before the expiration date. Employers must reverify employment authorization (List A or List C documents) but never reverify U.S. citizens, and cannot require specific documents or reverify earlier than the law allows, as this may constitute illegal discrimination.

The portion of Form I-9 that employees must complete no later than their first day of work, attesting to their citizenship or immigration status and employment authorization, and providing their name, address, date of birth, and Social Security number (if applicable). Employers can review Section 1 for completeness but should not assist employees in selecting their immigration status, and the employee must sign Section 1 under penalty of perjury.

The portion of Form I-9 that employers (or authorized representatives) must complete within three business days of the employee's first day of work, recording information from the original documents presented to establish identity and employment authorization. Section 2 requires physical examination of original documents (with limited exceptions for remote employees), recording document titles, issuing authorities, numbers, and expiration dates, and the employer's attestation that documents appear genuine and relate to the employee.

The portion of Form I-9 used to reverify employment authorization when temporary work authorization expires or to update information for rehired employees, which employers complete only when these specific circumstances occur. Section 3 should never be completed at the time of initial hire (Sections 1 and 2 only), and improper use of Section 3 is a common compliance violation discovered during audits.

The requirement to maintain completed Forms I-9 in a secure, organized manner separate from personnel files, ensuring they are readily available for inspection by Immigration and Customs Enforcement (ICE), Department of Justice, or Department of Labor officials.

An investigation conducted by U.S. Immigration and Customs Enforcement to examine employer compliance with I-9 and employment eligibility verification requirements, typically initiated through a Notice of Inspection requiring production of I-9 forms within three business days.

Official documents from List A or List B that establish an individual's identity for I-9 purposes, including unexpired U.S. passports, driver's licenses, state ID cards, and other government-issued photo identification. Employers must accept any document from the appropriate list that reasonably appears to be genuine and to relate to the person presenting it, and cannot require specific documents (such as demanding a driver's license when other List B documents are presented) as this may constitute illegal discrimination. List A documents - Documents that establish both identity and employment authorization simultaneously, including U.S. passports, permanent resident cards (green cards), foreign passports with temporary I-551 stamps, employment authorization documents with photos, and certain other combinations of documents. An employee who presents an acceptable List A document does not need to present List B or List C documents, and employers cannot require additional documentation beyond what the law mandates. List B documents - Documents that establish identity only (not employment authorization), including driver's licenses, state-issued ID cards, school IDs with photos, voter registration cards, and other government-issued identification. Employees presenting List B documents must also present List C documents to establish employment authorization, and employers must accept any valid List B document without specifying which particular document they prefer. List C documents - Documents that establish employment authorization only (not identity), including Social Security cards (unrestricted), birth certificates issued by U.S. states or territories, and certain documents issued by the Department of Homeland Security or State Department. Employees presenting List C documents must also present List B documents to establish identity, and employers cannot reject valid List C documents or demand specific documents from the list.

An alien admitted to the United States as a lawful permanent resident. Permanent residents are also commonly referred to as immigrants. However, the Immigration and Nationality Act (INA) broadly defines an immigrant as any alien in the United States, except one legally admitted under specific nonimmigrant categories (INA section 101(a)(15)). An illegal alien who entered the United States without inspection would be strictly defined as an immigrant under the INA but is not a permanent resident alien. Lawful permanent residents are legally accorded the privilege of residing permanently in the United States. They may be issued immigrant visas by the Department of State overseas or adjusted to permanent resident status by USCIS.

Public Law 101-649 increased the limits on legal immigration to the United States, revised all grounds for exclusion and deportation, authorized temporary protected status to aliens of designated countries, revised and established new nonimmigrant admission categories, revised and extended the Visa Waiver Pilot Program and revised naturalization authority and requirements.

Public Law 99-603 was passed in order to control and deter illegal immigration to the United States. Its major provisions stipulate legalization of undocumented aliens who had been continuously unlawfully present since 1982, legalization of certain agricultural workers, sanctions for employers who knowingly hire undocumented workers, and increased enforcement at U.S. borders.

Enacted in 1952, it is the foundational body of U.S. law governing immigration, naturalization, and removal. It established the legal framework for visa categories, asylum procedures, and deportation, largely found in Title 8 of the U.S. Code. The INA, which has been amended many times, regulates both permanent and temporary entry.

An alien employed for at least one continuous year out of the last three by an international firm or corporation, who seeks to enter the United States temporarily in order to continue to work for the same employer, or a subsidiary or affiliate, in a capacity that is primarily managerial, executive, or involves specialized knowledge. This includes the alien’s spouse and minor unmarried children.

Requirement for U.S. employers seeking to employ certain persons whose immigration to the United States is based on job skills or nonimmigrant temporary workers coming to perform services for which qualified authorized workers are unavailable in the United States. Labor certification is issued by the Secretary of Labor and contains attestations by U.S. employers as to the numbers of U.S. workers available to undertake the employment sought by an applicant, and the effect of the alien’s employment on the wages and working conditions of U.S. workers similarly employed. Determination of Labor availability in the United States is made at the time of a visa application and at the location where the applicant wishes to work.

Any person not a citizen of the United States who is residing the in the U.S. under legally recognized and lawfully recorded permanent residence as an immigrant. Also known as "Permanent Resident Alien," "Resident Alien Permit Holder," and "Green Card Holder."

Any person not a citizen of the United States who is residing in the U.S. under legally recognized and lawfully recorded permanent residence as an immigrant. Also known as "Permanent Resident Alien", "Lawful Permanent Resident," "Resident Alien Permit Holder," and "Green Card Holder."

An alien admitted to the United States as a lawful permanent resident. Permanent residents are also commonly referred to as immigrants. However, the INA broadly defines an immigrant as any alien in the United States, except one legally admitted under specific nonimmigrant categories (INA section 101(a)(15)). An illegal alien who entered the United States without inspection would be strictly defined as an immigrant under the INA, but is not a permanent resident alien. Lawful permanent residents are legally accorded the privilege of residing permanently in the United States. They may be issued immigrant visas by the Department of State overseas or adjusted to permanent resident status by USCIS.

The I-9 provision allowing employees to present receipts for lost, stolen, or pending documents in certain limited circumstances, which temporarily satisfy I-9 requirements but must be replaced with actual acceptable documents within specified timeframes (90 days for most receipts). Valid receipts include replacement documents for lost/stolen originals, temporary I-551 stamps showing permanent resident status, and arrival portions of Form I-94 for refugees and asylees, but photocopies of documents or expired receipts are not acceptable.

Alternative procedures established during COVID-19 and extended or modified for remote employees, allowing employers to examine I-9 documents remotely via video conference and review copies or images of documents rather than viewing originals in person. Employers using remote examination must follow specific procedures including live video inspection, retention of document copies, and completion of in-person examination of original documents when alternative procedures end or within certain timeframes specified by DHS guidance.

Provisions covering special classes of persons whom may be naturalized even though they do not meet all the general requirements for naturalization. Such special provisions allow: 1) wives or husbands of U.S. citizens to file for naturalization after three years of lawful permanent residence instead of the prescribed five years; 2) a surviving spouse of a U.S. citizen who served in the armed forces to file their naturalization application in any district instead of where they reside; and 3) children of U.S. citizen parents to be naturalized without meeting certain requirements or taking the oath if too young to understand the meaning. Other classes of persons who may qualify for special consideration are former U.S. citizens, servicemen, seamen, and employees of organizations promoting U.S. interests abroad.

Serious Form I-9 errors that may indicate the employer has hired or continued to employ unauthorized workers, including failure to complete or retain I-9 forms, accepting unacceptable documents, failing to reverify expired employment authorization, or completing forms outside required timeframes.

Procedural or paperwork errors on Form I-9 that do not directly indicate unauthorized employment, such as missing signatures, incomplete fields, improper corrections, failure to check citizenship status boxes, or missing dates.

An alien coming to the United States to work for a temporary period of time. The Immigration Reform and Control Act of 1986 and the Immigration Act of 1990, as well as other legislation, revised existing classes and created new classes of nonimmigrant admission.

The requirement that employers must complete Section 2 of Form I-9 within three business days of the employee's first day of work for pay, examining original documents and attesting to their apparent validity. The three-day count begins on the first day of employment for pay (not the offer date or orientation if unpaid), excludes weekends and federal holidays if they fall within the period, and failure to meet this deadline is a substantive violation subject to penalties even if the employee is work-authorized.

A U.S. visa allows the bearer to apply for entry to the U.S. in a certain classification such as: student (F), visitor (B), temporary worker (H). A visa does not grant the bearer he right to enter the United States. The Department of State (DOS) is responsible for visa adjudication at U.S. Embassies and Consulates outside of the U.S.The Department of Homeland Security (DHS), Bureau of Customs and Border Protection (BCBP,), immigration inspectors determine admission into, length of stay and conditions of stay in, the U.S. at a port of entry. The information on a nonimmigrant visa only relates to when an individual may apply for entry into the U.S. DHS immigration inspectors will record the terms of admission on the applicant's Arrival/Departure Record (I-94 white or I-94W green) and in their passport.

Allows citizens of certain selected countries traveling temporarily to the United States under the nonimmigrant admission classes of visitors for pleasure and visitors for business to enter the United States without obtaining nonimmigrant visas. Admission is for no more than 90 days. The program was instituted by the Immigration Reform and Control Act of 1986 (entries began 7/1/88). Under the Guam Visa Waiver Program, certain visitors from designated countries may visit Guam only for up to 15 days without first having to obtain non-immigrant visitor visas.

"Identity theft report” has the meaning given that term by rule of the FTC, and means, at a minimum, a report: (A) that alleges an identity theft; (B) that is a copy of an official, valid report filed by a consumer with an appropriate Federal, State, or local law enforcement agency, including the United States Postal Inspection Service, or such other government agency deemed appropriate by the Commission; and (C) the filing of which subjects the person filing the report to criminal penalties relating to the filing of false information if, in fact, the information in the report is false.

A consumer report or portion thereof in which information about a consumer's character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information. Nationwide Consumer Reporting Agency (NCRA) – A consumer reporting agency that regularly engages in the practice of assembling or evaluating, and maintaining, for the purpose of furnishing consumer reports to third parties bearing on a consumer’s creditworthiness, credit standing, or credit capacity, each of the following regarding consumers residing nationwide: (1) Public record information. (2) Credit account information from persons who furnish that information regularly and in the ordinary course of business.

Occurs when a consumer reporting agency or user of information fails to comply with any FCRA requirement due to a lack of reasonable care. Unlike willful noncompliance, which involves intentional or reckless violations, negligent violations are unintentional but unreasonable errors.

One of the legally defined reasons under FCRA for which a consumer report may be obtained, including employment purposes when the consumer has authorized the report or for certain other legitimate business needs.

The required step before taking adverse action, where an employer must provide the applicant a written notification along with a copy of their consumer report and a copy of "A Summary of Your Rights Under the Fair Credit Reporting Act" and allow a reasonable period (typically 5 business days) for the individual to review and potentially dispute the information. This waiting period gives the applicant an opportunity to identify and correct any inaccuracies before a final employment decision is made.

The obligation of consumer reporting agencies to follow reasonable procedures to assure maximum possible accuracy of consumer report information, and limit the furnishing of reports to permissible purposes. These procedures must include processes for verifying the identity of report users, confirming permissible purposes, and maintaining accuracy in reporting.

The process a CRA must undertake when a consumer disputes information in their file, requiring the agency to review all relevant information provided by the consumer, forward dispute details to the information furnisher, and complete the investigation within 30 days (or 45 days in certain circumstances). If the disputed information is found to be inaccurate or cannot be verified, it must be modified or deleted from the consumer's file.

A consumer reporting agency that: (1) assembles and merges information contained in the database of another consumer reporting agency or multiple consumer reporting agencies concerning any consumer for purposes of furnishing such information to any third party, to the extent of such activities; and (2) does not maintain a database of the assembled or merged information from which new consumer reports are produced.

Key numbered sections of FCRA that address specific requirements: Section 604 covers permissible purposes for reports; Section 606 addresses disclosure requirements; Section 607 deals with compliance procedures; Section 615 outlines requirements for users of consumer reports, including adverse action procedures. Each section establishes specific legal obligations and potential civil liability.

A consumer reporting agency that compiles and maintains files on consumers on a nationwide basis relating to: (1) medical records or payments; (2) residential or tenant history; (3) check writing history; (4) employment history; or (5) insurance claims.

A standardized document prescribed by the Federal Trade Commission that consumer reporting agencies must provide to consumers explaining their rights under FCRA, including the right to dispute inaccurate information, obtain free reports under certain circumstances, and seek damages for violations. This document must be provided to applicants during the pre-adverse action process and in other situations specified by law.

Occurs when a consumer reporting agency or user of information knowingly or recklessly violates the statute’s requirements to comply with any FCRA requirement.