UPEA's Work Brings Results

Changes have recently been announced by the Department of Human Resource Management this week. The changes will be reflected in the next Utah State Bulletin (7/1/2010) and will go into effect in August. Many of the modifications were made as a result of the hearing that UPEA requested.

The substantive rule amendments that UPEA influenced include:
R477-1-1
(50) Highly Sensitive Position: A position approved by DHRM that includes the performance of:
(a) safety sensitive functions:
(i) requiring an employee to operate a commercial motor vehicle under 49 CFR 383 (January 18, 2006);
(ii) directly related to law enforcement;
(iii) involving direct access or having control over direct access to controlled substances;
(iv) directly impacting the safety or welfare of the general public;
(v) requiring an employee to carry or have access to firearms; or
(b) data sensitive functions permitting or requiring an employee to access an individual's highly sensitive, personally identifiable, private information, including:
(i) financial assets, liabilities, and account information;
(ii) social security numbers;
(iii) wage information;
(iv) medical history;
(v) public assistance benefits; or
(vi) [household composition; or
(vii) ]driver license

UPEA requested that “household composition” be removed or defined as the term is very vague and could be interpreted in a number of ways.

R477-4-4
(a) All recruitment announcements shall include the following:
(i) Information about the DHRM approved recruitment and selection system; and
(ii) opening and closing dates.
(b) Recruitments for career service positions shall be posted for a minimum of seven calendar days.

UPEA requested that this information be added back into the rule so as to ensure that the hiring process is outlined in rule.

R477-15
It is the State of Utah's policy to provide all employees a working environment that is free from discrimination and harassment based on race, religion, national origin, color, gender, age, disability, or protected activity or class under state and federal law.

UPEA requested that discrimination be added back into the rule as discrimination can occur without harassment. It is important that this is verbalized in the rule.

UPEA was very instrumental in making these positive changes. UPEA is grateful to DHRM for listening to the concerns of our organization and for their ongoing communication with the Association.