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Private sector businesses and companies can benefit from the use of polygraph inasmuch as they are not immune from employee problems involving:

  • Monetary Theft                                                    

  • Inventory Theft

  • Product Tampering     

  • Industrial Espionage

  • Commercial Sabotage

  • Intellectual Property Theft

  • Property and Merchandise Damage

  • Misappropriation and Embezzlement


However, there are federal laws which provide guidelines when polygraph can be used.

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Congress passed the EPPA establishing guidelines for the use of polygraph within the private sector. Private businesses and companies must be familiar with the guidelines outlined in the EPPA prior to the use of polygraph.

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The EPPA affects only private sector commercial enterprises.  Federal, state, and local governmental agencies such as police departments, school systems, and correctional institutions are exempt.  There are also exemptions within the private sector for businesses which are:

  • Federal government contractors involved in public safety and national security.

  • Armored car companies.

  • Businesses involved in the design or security of facilities which impact public health or safety such as nuclear and electric power plants, public water works, or the transport, storage or disposal of toxic waste.

  • Pharmaceutical companies which manufacture, distribute or dispense controlled substances.



The answer is a definite yes! Under the EPPA private sector businesses can request that a current employee take a polygraph examination when it is suspected that employee is involved in actions resulting in an economic loss to their employer.  These requests may only be made under the following conditions:

  • A specific incident exists which is the subject of an investigation involving an identifiable economic loss due to theft, embezzlement, vandalism, product tampering, corporate espionage, or industrial sabotage. The suspected employee must be provided a written notice detailing the name of the company and work location of employee; a description of the economic loss including the location, amount, and type; and how the employee had access to the loss. It should also contain other information used as the basis of establishing reasonable suspicion that the employee was involved.

  • This written notice must be signed by someone at the company (not the polygraph examiner), must be retained for three years, and must be read to the employee noting the date and time.  It should also be signed by the employee and witnessed.

  • The written notice must be provided to the employee no less than 48 business hours before the scheduled polygraph test; and should include the date, time, and location of the test including written directions if it is scheduled outside the workplace.

  • If the employees submits to a polygraph the company must again interview the employee prior to any adverse action, and must also maintain documentation of all adverse actions taken. Documentation should be on company letterhead and must be maintained for three years.

  • Employees may not waive their rights, and businesses may not take action against an employee for refusing to submit to a polygraph.

  • Police are not exempt if they are conducting a polygraph about an economic loss suffered by a private sector business.  Any information stemming from a police polygraph cannot be provided to the employer under the EPPA.

  • There is a significant financial penalty assessed for violations of the EPPA guidelines.

  • Private sector businesses should confirm the credentials of Veracity Polygraph and Investigations, or any other polygraph firm used under the EPPA. Such credentials should include proof of polygraph training, experience, licensing, continuing professional education, liability insurance, etc.


Veracity Polygraph and Investigations can help your business resolve the riddle of when, where, and how assets and profits are being lost, infrastructure damaged, intellectual property stolen, products are tampered with, and clientele and reputation are being destroyed.  Most importantly, VPI can help you identify and deal with those employees involved in these types of damaging issues.


Mike is fluent in the Spanish language, having graduated from Brigham Young University with a degree in Spanish in 1987.  He also has broad based practical experience in the daily use of that language in Venezuela as a missionary for his church, and while living and working in Puerto Rico for the FBI for several years, and understands the unique nuances of conducting polygraph examinations in Spanish.


Contact us today to see how we can help.

Disclaimer-Veracity Polygraph and Investigations has provided this information which in good faith is believed to conform with the Department of Labor's regulations relating to employee polygraph testing as outlined under the EPPA. This information is to be considered as a guideline to assist private businesses in complying with the EPPA, and Veracity Polygraph and Investigations hereby disclaims any liability. Private businesses should consult with their own legal counsel prior to using polygraph under the terms of the EPPA.

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