§ 494c - Duties of examiner
§ 494c. Duties of examiner
(a) An examiner administering a polygraph examination under this subchapter shall:
(1) prior to the examination, provide the examinee with a copy of this subchapter and a copy of all questions to be asked during the examination which may be retained by the examinee. This does not preclude follow-up questions as long as the examiner gives the examinee a copy of the questions;
(2) inform the examinee as follows:
(A) the examinee has the right to accept or refuse the examination;
(B) the examinee has the right to halt an examination in progress at any time;
(C) the examinee is not required to answer any questions or give any information;
(D) any information the examinee volunteers could be used against the examinee, or made available to the employer, unless otherwise specified and agreed to in writing by the examinee; and
(E) provide the examinee with a copy of the examination results and all reports or analyses done by the examiner which are shared with the employer.
(b) During a polygraph examination, an examinee shall not be asked:
(1) any questions regarding the examinee's political, religious or labor union affiliations;
(2) questions regarding the examinee's sexual practices, social habits, or his or her marital relationship, unless the questions clearly relate to job performance;
(3) questions which are unrelated to job performance. (Added 1985, No. 89.)