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Author
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Topic: Another EPPA question HELLLLLLP!!!
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ebvan
Member
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posted 11-30-2007 05:17 PM
  
I have been contacted by a oil company who suspects that a supervisor or supervisors are instructing truck drivers to dump "Salt Water" pumped from wells at unauthorized locations. This water is subject to numerous HAZMAT restrictions. I don't think that truck drivers are not security personel and the company has suffered no economic loss. If the drivers are caught this could result in fines and sanctions which could have a long term economic impact on the company.
I need some opinions.
#1. Does EPPA apply?
#2 If EPPA does not apply, how should I articulate the exemption.
#3. If EPPA does apply, how should I articulate the economic loss for the EPPA notice.
#4 If you you don't have a suggestion for #1, 2, or 3, how about a knowledgabe contact where I can seek some sound advice. IP: Logged |
sackett
Moderator
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posted 11-30-2007 05:27 PM
ebvan,based on my knowledge and past usage of the EPPA, I submit the following: 1. Yes. This is a private company.
2. N/A
3. You already did, there is none = no test or $10K per illegal act (not test)
4. From APA website -
TV O'Malley
Phone: (910) 494-4501
E-mail: chairman@polygraph.org Hope this helps. Jim [This message has been edited by sackett (edited 11-30-2007).] IP: Logged |
Barry C
Member
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posted 11-30-2007 05:28 PM
This would fall under EPPA, so the question is whether you can test. One prong is an economic loss, and it doesn't appear they've suffered one. Potential fines wouldn't qualify, and if they are fined, then a determination would have been made already.IP: Logged |
Barry C
Member
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posted 11-30-2007 05:29 PM
TV's not the chairman. That'll get you Don Krapohl. It's in the APA directory though.Read the EPPA law. It's not that tough to understand. I posted the link on the other EPPA post. IP: Logged |
sackett
Moderator
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posted 11-30-2007 05:50 PM
Barry, it is, of course blasphemy, to suggest the APA web site was not up to date. I'm appalled... You're right though, TV's not the chairman, but as I last recalled, he was the resident expert on EPPA. Did I at least get the phone number right??? Jim IP: Logged |
Barry C
Member
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posted 11-30-2007 05:54 PM
I'm not sure about the number. I'd try it, but I'd need an interpreter - ya'll.IP: Logged |
ebvan
Member
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posted 11-30-2007 06:15 PM
hmmmm read the law Gee I wouldn't have thought of that all by myself. Just kidding, I actually did read it and after doing so I was wondering if the "Sabotage" exemption under ongoing investigations might apply. Economic Loss isn't really a "prong" since the word injury is provided as an alternate element.
Merriam Webster defines sabotage as "the willful destruction of an employer's property or the hindering of normal operations by other means" and the American Heritage Dictionary defines it as "Destruction of property or obstruction of normal operations, as by civilians or enemy agents in time of war." Subjectively I think it could be argued that the intentional illegal dumping of a hazardous material could hinder or obstruct a businesses normal operations by virtue of the foreseebility that if the acts came to light it would significantly disrupt operations.
I suppose I could have asked that specific question, but I didn't want to hinder anyone who had an open mind from rendering an opinion. [This message has been edited by ebvan (edited 11-30-2007).] IP: Logged |
Taylor
Member
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posted 11-30-2007 06:21 PM
It falls under EPPA. Don't do the test. It is criminal and and investigation should be initiated. Just my .02 cents worth. TaylorIP: Logged |
Barry C
Member
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posted 11-30-2007 06:35 PM
Hey, you never know what people have done. I get EPPA questions all the time - because people don't want to look it up. Anyhow, good. You read it.Sabotage is a legal term. It refers to acts that occur during war or an interference with normal business in situations like a labor dispute. You can try to stretch it, but I wouldn't want to be the test case. I'd predict a loss. Let's say you tested one and he passed? What would you tell the employer? IP: Logged |
sackett
Moderator
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posted 11-30-2007 08:32 PM
ebvan,I have $10K in Budweiser in the walk-in cooler, but you can't have it. Leave that test alone! Regards, Jim IP: Logged |
ebvan
Member
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posted 12-01-2007 07:35 AM
Thanks to all for your responses. I have good insurance, but we all know that the only way we can keep good insurance is by avoiding situations where we might have to actally file a claim. (arrrgh rant coming on.... must change subject and ...not talk about the #%*@$!#& insurance industry).In any case I will return to the client and encourage him to try to find a quantifiable, verifiable economic loss and THEN give me a call. Thanks again
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Ex scientia veritas IP: Logged |
rcgilford
Member
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posted 12-01-2007 02:59 PM
TV can be reached at(910) 483-3388. Unless he has recently changed the number. His office is across the street from mine. And he is a good POC for EPPA questions.IP: Logged |
sackett
Moderator
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posted 12-01-2007 09:36 PM
Bob!? Is that you, old buddy?
Welcome to the board,
Jim
IP: Logged |
rcgilford
Member
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posted 12-02-2007 08:41 AM
Yeah Jim....It's me....I'm still floating around out here... IP: Logged |
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