California Code of Regulations
Title 2 - Administration
Division 1 - Administrative Personnel
Chapter 3 - Department of Human Resources
Subchapter 1 - General Civil Service Rules
Article 29 - Substance Abuse
Section 599.961 - Sensitive Positions

Universal Citation: 2 CA Code of Regs 599.961

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

(a) For the purposes of this article, sensitive positions are peace officer positions, as defined by the Penal Code part 2, title 3, chapter 4.5, sections 830.2(d) and 830.5, and other positions in which drug or alcohol affected performance could clearly endanger the health and safety of others. These other positions have the following general characteristics:

(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.

(b) Filled positions shall be identified as sensitive through the following process:

(1) Subject to Department approval, each appointing power shall identify the positions under his/her jurisdiction that meet the standards in subsection (a).

(2) The employees serving in the identified positions and, where applicable, their union representatives, shall receive an initial notice that the position has been identified as sensitive and shall be given 30 days to respond.

(3) After considering responses to the initial notice and meeting with employee representatives as required by the Ralph C. Dills Act (Government Code sections 3512 through 3524), the Department shall issue a final notice to the employees serving in the positions that have been identified as sensitive. This notice shall include a description of the provisions of this article. Existing practices in this area shall not change for any position until 60 days after the final notice concerning it is issued.

(c) Vacant positions shall be identified as sensitive through the procedures specified in subsection (b), including those procedures involving employee organizations, except that the employee notification provisions as stated in subsections (b)(2) and (b)(3) shall not apply.

(d) Once a position has been designated sensitive, the appointing power shall take measures to reasonably and likely ensure that future appointees to it are aware that it is sensitive and are informed of the provisions of this article.

1. New section filed 9-7-88; operative 10-7-88 (Register 88, No. 38).
2. Amendment of subsection (a) filed 1-25-2001; operative 1-25-2001 pursuant to Government Code section 11343.4(c) (Register 2001, No. 4).
3. Amendment of subsection (a) filed 12-21-2005; operative 1-20-2006 (Register 2005, No. 51).
4. Change without regulatory effect amending section and NOTE filed 10-13-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 42).

Note: Authority cited: Sections 18502, 19815.4(d) and 19820, Government Code. Reference: Section 19261, Government Code.

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