California Code of Regulations
Title 15 - Crime Prevention and Corrections
Division 8 - California Prison Industry Authority
Chapter 1 - Rules and Regulations of California Prison Industry Authority
Article 6.1 - Personnel Substance Abuse Testing
Section 8213 - Non-Discrimination in Testing
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) An employee or job applicant who is currently engaging in the use of drugs, alcohol or impairing substances is not a qualified individual with a disability. The term "currently engaging" applies to the illegal use of drugs that has occurred recently enough to indicate that the individual is actively engaged in such conduct.
(b) CALPIA may seek reasonable assurances that no use of drugs, alcohol, or impairing substances is occurring or has occurred recently enough so that continuing use is a real and ongoing problem by asking applicants or employees to provide evidence, such as test results, to show that the individual is not currently engaging in the use of drugs, alcohol, and impairing substances.
1. New section filed 11-13-2018; operative 1-1-2019 (Register 2018, No. 46).
Note: Authority cited: Sections 2801 and 2809, Penal Code; and Sections 11349(e) and 19572, Government Code. Reference: Sections 2801 and 2809, Penal Code; Sections 12940- 12957, Government Code; 42 U.S.C. § 12112(a); 29 C.F.R. § 1630.3 (1996); and 29 C.F.R. appen. to pt. 1630.
