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 - Personnel
Section 8106 - Sensitive Positions

Universal Citation: 15 CA Code of Regs 8106

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) This section prescribes the process for determining sensitive positions for CALPIA employees.

(b) CALPIA positions designated as sensitive are subject to drug and alcohol testing when reasonable suspicion exists.

(c) The General Manager must designate sensitive positions under his/her jurisdiction that meet the following standards:

(1) their duties involve a greater than normal level of trust, responsibility for or impact on the health and safety of others; and

(2) errors in judgment, inattentiveness or diminished coordination, dexterity or composure while performing their duties could clearly result in mistakes that would endanger the health and safety of others; and

(3) employees in these positions work with such independence, or, perform such tasks that it cannot be safely assumed that mistakes such as those described in subsection (2) could be prevented by a supervisor or another employee.

(d) Filled positions must be identified as sensitive through the following process:

(1) Employees serving in positions that will become designated as sensitive must receive an initial notice from CALPIA. Employees must be given 30 days to respond to the notice.

(2) After considering responses to the initial notice, CALPIA must issue a final notice to the employees serving in the positions that have been identified as sensitive. This notice must include all regulations that will affect the designated employee in the event of a substance abuse testing. Existing practices in this area must not change for any position until 60 days after the final notice concerning it is issued and the requirements of section (g) have been satisfied.

(e) Vacant positions must be identified as sensitive through the procedures specified in subsection (c).

(f) Once a position has been designated sensitive, the General Manager must take measures to reasonably ensure that future appointees to it are aware that it is sensitive and are informed of the provisions of this article.

(g) All positions designated by the General Manager as sensitive must be listed on CALPIA's website.

1. New section filed 6-8-2017; operative 10-1-2017 (Register 2017, No. 23).
2. Renumbering of former section 8106 to section 8201 and renumbering and amendment of former section 8106.2 to section 8106 filed 11-13-2018; operative 1-1-2019 (Register 2018, No. 46).
3. Change without regulatory effect amending section filed 2-11-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 6).
4. Change without regulatory effect amending subsections (a)-(b) and (g) filed 7-18-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 29).

Note: Authority cited: Sections 2808 and 2809, Penal Code. Reference: Sections 2808 and 2809, Penal Code.

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