(a) The licensee shall ensure that personnel records are maintained on the licensee, administrator and each employee. Each personnel record shall contain the following information:
(1) Employee's full name.
(2) Driver's license number if the employee is to transport clients.
(3) Date of employment.
(4) A statement signed by the employee that he/she is at least 18 years of age.
(5) Home address and phone number.
(6) Documentation of the educational background, training and/or experience specified in licensing regulations for the type of facility in which the employee works.
(7) Past experience, including types of employment and former employers.
(8) Duties of the employee.
(9) Termination date if no longer employed by the facility.
(10) A health screening as specified in Section 80065(g).
(11) Tuberculosis test documents as specified in Section 80065(g).
(12) For employees that are required to be fingerprinted pursuant to Section 80019:
(A) A signed statement regarding their criminal record history as required by Section 80019(d).
(B) Documentation of either a criminal record clearance or exemption as required by Section 80019(e).
1. For Certified Administrators, a copy of their current and valid Administrator Certification meets this requirement.
(b) Personnel records shall be maintained for all volunteers and shall contain the following:
(1) A health statement as specified in Section 80065(g)(3).
(2) Tuberculosis test documents as specified in Section 80065(g).
(3) For volunteers that are required to be fingerprinted pursuant to Section 80019:
(A) A signed statement regarding their criminal record history as required by Section 80019(d).
(B) Documentation of either a criminal record clearance or exemption as required by Section 80019(e).
(c) All personnel records shall be available to the licensing agency to inspect, audit, and copy upon demand during normal business hours. Records may be removed if necessary for copying. Removal of records shall be subject to the following requirements:
(1) Licensing representatives shall not remove any current emergency and health-related information for current personnel unless the same information is otherwise readily available in another document or format.
(2) Prior to removing any records, a licensing representative shall prepare a list of the records to be removed, sign and date the list upon removal of the records, and leave a copy of the list with the administrator or designee.
(3) Licensing representatives shall return the records undamaged and in good order within three business days following the date the records were removed.
(d) All personnel records shall be retained for at least three years following termination of employment.
(e) All personnel records shall be maintained at the facility site.
(1) The licensee shall be permitted to retain such records in a central administrative location provided that they are readily available to the licensing agency at the facility site as specified in Section 80066(c).
(f) In all cases, personnel records shall document the hours actually worked.
Credits
Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501 and 1531, Health and Safety Code.
History
1. Amendment filed 7-14-2003 as an emergency; operative 7-16-2003 (Register 2003, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-13-2003 or emergency language will be repealed by operation of law on the following day.
2. Amendment refiled 11-12-2003 as an emergency; operative 11-12-2003 (Register 2003, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-11-2004 or emergency language will be repealed by operation of law on the following day.
3. Amendment refiled 3-11-2004 as an emergency; operative 3-11-2004 (Register 2004, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-9-2004 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-11-2004 order, including further amendment of section, transmitted to OAL 7-9-2004 and filed 8-20-2004 (Register 2004, No. 34).
