Current through Register Vol. 24-06, March 15, 2024
(1) Polygraph
assessments provide hiring agencies with insight into an individual's honesty
and an opportunity to ask an array of additional background
questions.
(2) Standards for
polygraph assessments:
(a) Examiners must
have graduated from a polygraph school accredited by the American Polygraph
Association (APA) or an association with equivalent standards for membership.
The examiner must also show that they are in compliance with completion of a
minimum of 30 hours of APA-approved continuing education every two calendar
years;
(b) Polygraph equipment used
as a part of the preemployment assessment must meet a standard that has been
proved to be valid and reliable by independent research studies other than
those done by the manufacturer;
(c)
Techniques for conducting a polygraph must meet industry standards and comply
with all applicable federal and state laws including, but not limited to, the
Employee Polygraph Protection Act, Equal Employment Opportunity Commission,
Americans with Disabilities Act, and Washington state law against
discrimination;
(d) Preemployment
assessments are considered screening devices and are conducted in the absence
of a known incident, allegation, or particular reason to suspect someone's
involvement; and
(e) Assessment
information and results should be considered confidential within the screening
process to be used exclusively by the hiring agency to assist with the
selection of an applicant.
(3) Polygraph assessments:
(a) Polygraph assessments administered under
this chapter shall be based on data from existing research pertaining to
screening and diagnostic polygraph assessments, risk assessment, risk
management, and field investigation principles;
(b) Polygraph examiners shall ask questions
including, but not limited to, the following topics: General background,
employment history, police/corrections experience, driving record, military
service, arrest information, personal habits, illegal drug use or possession,
credit/financial, sexual activities, domestic violence/temperament, theft, and
security and personal associations. Additional questions shall apply
specifically to laterals and corrections officers;
(c) Model questions shall be adopted in
commission policy; and
(d) The
polygraph examiner shall assure that the polygraph equipment is properly
functioning, maintained, and calibrated in compliance with the manufacturer's
recommendation.
(4) At a
minimum, a polygraph instrument shall continuously record the following
components during the assessment process:
(a)
Two pneumograph components to document thoracic and abdominal movement patterns
associated with respiration;
(b) A
component to record electro dermal activity reflecting relative changes in the
conductance or resistance of current by epidermal tissues;
(c) A cardiograph component to report pulse
rate, pulse amplitude, and relative blood pressure changes; and
(d) A motion sensor.
(5) Examiners shall provide hiring agencies
with a thorough report that analyzes the results of the assessment. Such report
shall include any and all disclosures made by the applicant to the questions
asked during the preassessment interview, as well as the results of the
applicant's truthfulness to the assessment questions.
(6) The agency which authorized the polygraph
assessment shall maintain all documentation of the assessment as required in
the law enforcement records retention schedule provided by the Washington state
secretary of state's office.
(7) It
is the responsibility of the hiring agency to accept the results of the
polygraph assessment. The commission does not routinely review these
assessments but may do so pursuant to
RCW
43.101.400.
(8) An applicant may be offered employment by
more than one agency. The polygraph results may be shared with more than one
law enforcement or correctional agency under the following circumstances:
(a) The agency which initiated the polygraph
assessment agrees to share the results of the assessment in full with another
hiring agency;
(b) The applicant
signed a release permitting another hiring agency to obtain the assessment
report;
(c) The polygraph
assessment was completed within six months of the request; and
(d) The job analyses of both agencies are
substantially similar.
(9) Other truth verification assessments must
be approved by the commission with additional rules established by the
commission's governing body regarding its standards of use in fulfilling
RCW
43.101.095.
(10) Polygraph reports older than six months
shall be considered invalid for the purpose of
RCW
43.101.080(15) and
43.101.095(2).
Statutory Authority:
RCW
43.101.080. 13-02-060, §
139-07-040, filed 12/27/12,
effective 1/27/13; 10-07-037, §
139-07-040, filed 3/10/10,
effective 4/10/10.