Chapter 3 – Personnel, Training, and Employee Relations

31020.10 Respiratory Protection Program Non‑Compliance and Accountability

• Employees who are unable or unwilling to comply with CCRCalifornia Code of Regulations, Title 8, sections 5144 and 5199 and the department’s fit testing requirements, and who do not have a pending or approved request for a religious or medical reasonable accommodation, shall be subject to corrective or disciplinary action in accordance with CCRCalifornia Code of Regulations Title 15, section 3392, et seq. and DOMDepartment Operations Manual Chapter 3, Article 22, Employee Discipline, sections 33030.8, 33030.9, and 33030.15, et seq.

• Non-compliant healthcare registry providers and contract workers who do not have a pending or approved request for religious or medical reasonable accommodation may be subject to contract or assignment termination.

• Employees who are off work due to military leave or other long-term extended leave at the time the employee is formally noticed regarding the requirements of CCRCalifornia Code of Regulations, Title 8, sections 5144 and 5199 and the department’s fit testing requirements, who return to work, shall be, in compliance with the CCRCalifornia Code of Regulations, Title 8, sections 5144 and 5199 and the department’s fit testing requirements or have submitted a request for religious or medical reasonable accommodation, upon their return to work.

• Employees who are required to use a respirator because of the essential functions of their position shall not report to work until they are medically cleared and properly fit tested or have an approved accommodation or an approved respirator that can provide appropriate respiratory protection that allows employees to fulfill the essential functions of their position without creating additional hazards.