Tag: Effective training

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Tailored and Effective Compliance Training

One of the key goals of any compliance program is to train employees in awareness and understanding of the FCPA; your specific company compliance program; and to create and foster a culture of compliance. While it seems axiomatic that compliance training is a mainstay of any best practices compliance program, the conversation around training has evolved over the years. The 2020 FCPA Resource Guide, 2nd edition, started the conversation stating:

Compliance policies cannot work unless effectively communicated throughout a company. Accordingly, DOJ and SEC will evaluate whether a company has taken steps to ensure that relevant policies and procedures have been communicated throughout the organization, including through periodic training and certification for all directors, officers, relevant employees, and, where appropriate, agents and business partners.

Beginning in the fall of 2016, through the announcement of the FCPA Enforcement Pilot Program, the DOJ began to talk about whether you have determined the effectiveness of your training. This conversation continued with the 2017 Evaluation where it asked, “How has the company measured the effectiveness of the training?” This point has bedeviled many compliance professionals yet is now a key metric for the government in evaluating compliance training. It evolved further in the 2023 ECCP with the mandate that training must be “truly effective”. Finally, the training must be presented in a language in which the employees understand, which means in a local language, if the training is outside the US or other non-English-speaking countries.

Also raised in the 2017 Evaluation was the focus of your training programs, where the DOJ inquired into whether your training was “tailored” for the audience. This added two requirements. The first was to assess your employees for risk to determine the type of training you might need to deliver by risk ranking your employees. Obviously, the sales force would be the highest risk but there may be others who are deserving of high-risk training as well. From this risk ranking, you were required to develop tailored training for the risks those employees will face.

The 2023 ECCP spelled this out in greater detail. It stated, “Prosecutors should assess … periodic training and certification for all directors, officers, relevant employees, and, where appropriate, agents and business partners. Prosecutors should also assess whether the company has relayed information in a manner tailored to the audience’s size, sophistication, or subject matter expertise. … for instance, give employees practical advice or case studies to address real-life scenarios, and/or guidance on how to obtain ethics advice on a case-by-case basis as needs arise. Other companies have invested in shorter, more targeted training sessions to enable employees to timely identify and raise issues to appropriate compliance, internal audit, or other risk management functions. Prosecutors should also assess whether the training adequately covers prior compliance incidents and how the company measures the effectiveness of its training curriculum.”

Under Training and Communication, the following questions were posed by the DOJ:

Risk-Based Training—What training have employees in relevant control functions received? Has the company provided tailored training for high-risk and control employees, including training that addresses risks in the area where the misconduct occurred? Have supervisory employees received different or supplementary training? What analysis has the company undertaken to determine who should be trained and on what subjects?

Form/Content/Effectiveness of Training––Has the training been offered in the form and language appropriate for the audience? Is the training provided online or in-person (or both), and what is the company’s rationale for its choice? Has the training addressed lessons learned from prior compliance incidents? Whether online or in-person, is there a process by which employees can ask questions arising out of the trainings? How has the company measured the effectiveness of the training? Have employees been tested on what they have learned? How has the company addressed employees who fail all or a portion of the testing? Has the company evaluated the extent to which the training has an impact on employee behavior or operations?

I would suggest that you start at the beginning with an evaluation of your compliance training and move outward. This means starting with attendance, which many companies tend to overlook. You should determine that all senior management and Board members have attended compliance training. You should review the documentation and confirm attendance. Make your department or group leaders accountable for the attendance of their direct reports and so on down the chain. Evidence of training is important to create an audit trail for any internal or external assessment or audit of your training program.

Some other metrics you should consider in the post-training evaluation phase include an increase in hotline use; are there more calls into the compliance department requesting assistance or even asking questions about compliance? Is there a decrease in compliance violations or other acts of non-compliance?

Consider using surveys to provide feedback on not simply compliance training but to determine effectiveness of a much wider variety of areas for your compliance program. These surveys can provide critical information on the state of your compliance program and provide substantive feedback for further inclusion back into your compliance program. Testing your program and using that information in a feedback loop is another key component of a best practices compliance program.

What are “espresso shots” of training to help facilitate effective training? Tina Rampino, Associate Managing Director, at K2 Integrity suggests keeping your compliance training segments concise as “shorter, bite-size learning is a trend in training programs.” This means that instead of offering half-day and full-day sessions, break programs into shorter segments of 20 minutes or less, which are easier for participants to absorb—and schedule. Jessica Czeczuga, a Principal Instructional Designer, suggested training effectiveness through micro-learning and metrics; including the adoption of micro-learning techniques for content delivery, the utilization of interruptive training methods for behavior disruption and tailoring targeted training for at-risk employees.

The importance of determining effectiveness of your compliance program has been enshrined by the DOJ. The 2023 Update confirmed that the DOJ wants to see evidence of the effectiveness of your compliance program. This is something that many CCOs and compliance professionals still struggle to determine. Both the simple guidelines suggested herein, the more robust assessment and results provide you with a start to fulfill the precepts set out by the DOJ, as you will eventually need to demonstrate the effectiveness of your compliance training going forward.

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Building a Stronger Culture of Compliance Through Targeted and Effective Training: Part 3-Defining the Effectiveness of Compliance Training

Welcome to a special 5 part blog post series on building a stronger culture of compliance through targeted and effective training, sponsored by Diligent. Over this series I will visit with Kunal Agrawal, Director of Customer Success at Diligent; Kevin McCoy, Customer Success Manager at Diligent; Jessica Czeczuga, a Principal Instructional Designer; Andrew Rincon, Global Accounts Management Advisor at Diligent; and David Greenberg, former CEO and Special Advisor at LRN and Director at International Seaways. Over this series, we will consider the importance of ongoing communications, the value of targeted training, training third-parties, and the role of the Board of Directors. In this Part 3, we consider the always challenging topic of defining the effectiveness of training with Jessica Czeczuga.

The Department of Justice (DOJ) requirement for ‘effective’ training is one of the most challenging areas for compliance professionals. Fortunately, Jessica Czeczuga is a highly respected Principal Instructional Designer with a remarkable 25-year career in the learning and development field and as a seasoned content creator, Jessica has collaborated with numerous experts to create effective training programs that resonate with different learning styles. I was able to visit with her on some of the key steps to get Improved training effectiveness through micro-learning and metrics.:

1. Adopt micro-learning techniques for content delivery
2. Utilize interruptive training methods for behavior disruption
3. Tailor targeted training for at-risk employees

1. Adopt micro-learning techniques for content delivery. Adopting micro-learning techniques is an essential approach for effectively delivering content to learners, particularly in the realm of compliance training. Micro-learning encompasses the practice of focusing on quick, digestible, and repetitious bursts of learning that serve to reinforce essential concepts while being easily accessible to learners. This method deviates from traditional lecture-style training, power point induced traing and allows for an interruptive and integrative learning experience that caters to the needs of varying learners. Leveraging micro-learning as a tool for training purposes allows for a higher likelihood of information retention and eventual behavior modification, as it allows individuals to reflect on their own learning patterns and apply the concepts in a more seamless way.

Czeczuga believes that by utilizing metrics such as pre and post-test scores and survey feedback to determine the effectiveness of training and cater the approach accordingly, highlighting the importance of collaboration between the compliance and training departments in this process. The adoption of micro-learning for compliance training holds significant importance as it ensures that all employees have a comprehensive understanding of relevant concepts and principles. Given that this understanding forms the basis of an organization’s culture of compliance and ethics, it is crucial to ensure that the training methods employed are effective in communicating this information.

2. Utilize interruptive training methods for behavior disruption. One essential approach to keep in mind when implementing compliance training is the use of interruptive training methods for behavior disruption. Interruptive training takes the form of quick, simple, and repetitious bursts of learning that are easily accessible and cater to different styles of learning. This approach allows for content delivery that is geared towards disrupting employees’ routine and thought patterns to promote engagement, behavior change, and a deeper understanding of the material.

Czeczuga noted this approach can be especially beneficial for sending general compliance messages like anti-bribery or corruption communications to a broad audience. Additionally, she related that pre and post-tests can provide useful metrics to determine the effectiveness of the training, while surveys can offer additional insights into how well the content is resonating with employees. In this way, interruptive training methods not only serve to catch employees’ attention and disrupt thought patterns but also allow for a more objective assessment of training success.

3. Tailor targeted training for at-risk employees. In recent years, there has been a significant shift towards more targeted and efficient training methods, particularly for at-risk employees. As a result, targeted training for at-risk employees ensures that they receive the specialized instruction they need, while also making it more likely that they will retain the information and apply it in their daily work activities. Czeczuga explained that even though there may be a need for longer, more focused training for certain employees who are considered more at risk, micro-learning can still be a highly effective tool for delivering general messages, like those related to anti-bribery. The interruptive nature of micro-learning allows it to be delivered in various modes, catering to the needs of different types of learners.

Czeczuga also emphasized the usefulness of pre- and post-tests as a means of assessing training effectiveness, as well as the value of surveys in gauging learner feedback. The importance of tailoring targeted training for at-risk employees cannot be overstated, as the consequences of compliance failures can be both costly and damaging to an organization’s reputation. Ensuring that these employees have the necessary information and tools to act ethically and responsibly is crucial in promoting a culture of compliance and minimizing risk. Collaborative efforts between compliance and training departments are essential for developing and implementing training strategies that strike the right balance between targeted, in-depth instruction for at-risk employees, and more generalized training for the broader staff. Ultimately, a well-executed and carefully tailored training program will lead to improved effectiveness and a more robust compliance culture throughout the organization.

The importance of effective compliance and training programs cannot be overstated for professionals in this field. The steps outlined above provide a comprehensive approach to building and sustaining a robust training strategy that not only engages your employees but also drives positive behavioral changes. From embracing micro-learning techniques and interruptive training methods to fostering collaboration between departments and reinforcing the message consistently over time, these steps can ultimately transform your organization’s culture into one that values and prioritizes compliance. Seize this opportunity to elevate your training efforts, and witness the remarkable impact on your organization as a whole.

Join us tomorrow for a review of training for 3rd parties.

For more information go to http://diligent.com/compliancetraining.

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Innovation in Compliance

Building a Stronger Culture of Compliance Through Targeted and Effective Training: Part 3 – Defining the Effectiveness of Compliance Training

Welcome to a special 5 part podcast series on building a stronger culture of compliance through targeted and effective training, sponsored by Diligent. Over this series, I will visit with Kunal Agrawal, Director of Customer Success at Diligent; Kevin McCoy, Customer Success Manager at Diligent; Jessica Czeczuga, Director, Compliance and Ethics at Diligent; Andrew Rincón, Client Director at Diligent; and David Greenberg, former CEO and Special Advisor at LRN and Director at International Seaways. Over this series, we will consider the importance of ongoing communications, the value of targeted training, training third parties, and the role of the Board of Directors. In this Part 3, we consider the always challenging topic of defining training effectiveness with Jessica Czeczuga.

Join Tom Fox and Jessica Czeczuga from Diligent in this episode as they discuss how to make compliance training effective. Jessica shares insights from years of creating targeted training materials, emphasizing the shift from traditional classrooms to microlearning. She explains how microlearning enhances comprehension, adaptability, and retention in learners. Tom and Jessica also explore the role of testing and assessments in compliance training and showcase the power of surveys in shaping the culture of compliance within organizations. Take advantage of this informative episode that will transform how you think about compliance, train, and communicate.

Highlights Include:

  • Effective Microlearning for DOJ Training
  • Benefits of Microlearning for Corporate Training
  • The Evolution of Compliance Training Testing
  • Building a Culture of Compliance and Ethics
Notable Quotes:

“Microlearning is probably one of the most effective ways to convey content to your donors.”

“One of the things that I love about microlearning beyond all those other benefits is the ability to put together what we call a multimodal communication campaign.”

“Even with all the benefits of microlearning, there are certain situations where longer and more targeted or focused training may be necessary.”

“But I think if you have a training function and a compliance function, they should always be in communication.”

For more information, go to Diligent.com

Join us tomorrow when we review a strategy for training third parties.

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Operationalizing Compliance: Part 4-Effectiveness, Redux

Welcome to a special five-part podcast series on Operationalizing Your Compliance Program, sponsored by Broadcat LLC. Over this series, I visit with Jennifer May, Director of Compliance Advisory; Taylor Edwards,  Director of Sales; Xinia Pirkey, Design Manager; Alex Klingelberger, Chief Executive Officer (CEO) and Jaycee Dempsey, Director of Customer Success. We consider a variety of ways to more fully operationalize your compliance regime, including the design and effectiveness of your communications, why the operationalization of compliance is a team sport, why simply data is not the answer and how to avoid being overwhelmed. In Part 4, I am joined by Alex Klingelberger, where we take a deep dive into effectiveness.

We began with a question about data and data analytics. I asked Klingelberger what might a CEO question a Chief Compliance Officer (CCO) about when the CCO brings data about the compliance program. He explained that it is not simply data but “data, plus.” He would further inquire into such areas as, “How did you collect the data? Who are the people that are involved in the data? What did you ask them? What was the data that you have collected and how it going to prove to both regulators and the business folks how to use it.”

He provided the example of annual compliance training program, where the effectiveness is measured with a “single yes or no question that says, did all the constituents certify that they had completed the annual compliance training program; so that you ended up with a score of 100% completion.” Alex said his first question would be, “what is that worth to us?” This is because the data “simply conveys a unidirectional, transmission of information to the people in the business and you have not necessarily improved the quality of those individuals understanding of their business.”

We also discussed the danger of “patronizing communications”. This is a type of communication which is oversimplified to the point where any person, not just a person who’s working in that business would implicitly understand what is right and what is wrong and therefore know the answer they are supposed to get. Something like “Is bribery bad?” is not something you need to train employees on. What employees need is something more useful which addresses given situations, about what bribery looks like and provides a pattern recognition for employees to avoid it.”

That you are really looking for in effectiveness is engagement. Klingelberger noted it is “instrumental that engagement to form the basis for better bilateral communicating between compliance folks and business folks on the frontline. But it is more than communications up and down, from compliance to employee and back. It is using training and communications to facilitate discussions between employees, their managers, their mentors and others about specific situations; how we should be acting and what things that we should and should not be doing in the course of business.” He believes such discussions are the essence of compliance communications and training.

We turned to the user experience as delivering compliance information in topic focused or risk-based bite-sized pieces, on a more periodic and frequent basis is a better way to deliver compliance training. This can facilitate your employees engaging with not only compliance, but it also engagement with managers and fellow employees so that the communication or training fosters an ongoing conversation on a variety of topics; outside of interactions with the compliance function. “This is the outcome you should desire with your communications or training. Something that is going to engage employees, be thought-provoking or thoughtful; yet if they have a question, they can either raise their hand and contact the compliance function or compliance can direct them to a resource within the company such as on a website or FAQs.”

We concluded by tying back to where we began, with some thoughts on data and effectiveness. Klingelberger considers that effectiveness also informs how compliance should be collecting data and providing it to business leaders. He believes, to the extent possible, your compliance function should “use the same systems and software that your business uses to collect data, to collect your compliance data.” He provided some examples; “if you’re a sales shop, a HubSpot shop, if you primarily work on Excel, maybe those are the systems that you should be using to collect your compliance data rather than a completely separate standalone program that both you and your employees only see once a year and generates limited output.” The key is to “make it easier for your business leader through the data that you are providing them by using data which is familiar to them.”

Join us as we conclude with Part 5 where we discuss how to avoid being overwhelmed.

For more information go to TheBroadcat.com

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Creativity and Compliance

Lawyers, Guns & Money


Where does creativity fit into compliance? In more places than you think. Problem-solving, accountability, communication, and connection – they all take creativity. Join Tom Fox and Ronnie Feldman on Creativity and Compliance, part of the Compliance Podcast Network. In this episode, Tom and Ronnie begin a short series on provocative statements on compliance training and communications, followed by discussion. In this episode, Tom channels his inner Warren Zevon to explore lawyers, guns and money as an introduction to targeted, focused training using real stories.
Resources:
Ronnie Feldman (LinkedIn)
Learnings & Entertainments (LinkedIn)
Ronnie Feldman (Twitter)
Learnings & Entertainments (Website)
60-Second Communication & Awareness Shorts – A variety of short, customizable, quick-hitter “commercials” including songs & jingles, video shorts, newsletter graphics & Gifs, and more. Promote integrity, compliance, the Code, the helpline and the E&C team as helpful advisors and coaches.
Workplace Tonight Show! Micro-learning – a library of 1-10-minute trainings and communications wrapped in the style of a late-night variety show, that explains corporate risk topics and why employees should care.
Custom Live & Digital Programing – We’ll develop programming that fits your culture and balances the seriousness of the subject matter with a more engaging delivery.
Tales from the Hotline – check out some samples.