Cal. Code Regs. tit. 2 § 213

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 213 - Preemployment Testing for Drug Usage

An appointing power may conduct drug testing of applicants for a class only when:

(a) The appointing power has documented the sensitivity of the class and the consequences of drug-related behavior by showing that:

(1) The duties involve a greater than normal level of trust for, 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 the 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 that it cannot be safely assumed that mistakes such as those described in (2) could be prevented by a supervisor or another employee.

(b) The board concludes after a public hearing that the appointing power has adequately documented the sensitivity of the class and the consequences of drug-related behavior and that drug testing is, therefore, job related for the class; and

(c) As a result of (a) and (b) above, the board approves the inclusion of a requirement of drug testing in the minimum qualifications for the class.

Cal. Code Regs. Tit. 2, § 213

1. New section filed 5-1-89; operative 5-31-89 (Register 89, No. 18).
2. Change without regulatory effect amending subsection (a)(3) filed 9-16-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 39).

Note: Authority cited: Section 18701, Government Code. Reference: Sections 18930, 18931 and 18935, Government Code.