(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.

(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.