Chapter 3 – Personnel, Training, and Employee Relations

The Office of Employee Wellness (OEW) provides a safe, accessible, and connective space for proactive wellness support, education, and resources for all California Department of Corrections and Rehabilitation (CDCRCalifornia Department of Corrections and Rehabilitation) and California Correctional Health Care Services (CCHCS) employees, and is responsible for policy development and administration of the Employee Assistance Program in compliance with applicable laws and the department’s Peer Support Program.

This Article sets forth the policies of the Employee Assistance Program and the Peer Support Program administered within the OEW. 

The Employee Assistance Program (EAPEmployee Assistance Program) is provided by the state of California and administered by the California Department of Human Resources as part of the State’s commitment to promoting employee health and well-being to all State employees.  The EAPEmployee Assistance Program is available to assist employees and their eligible family members in identifying and gaining control over personal problems which can, and often do, affect both family life and job performance.  The EAPEmployee Assistance Program is both voluntary and confidential.

Services

• Employees and their eligible dependents shall be able to access services through a toll-free number 24 hours a day, 7 days a week, 365 days a year.

• Employees who are appointed full-time or part-time regardless of their bargaining unit designation are eligible for EAPEmployee Assistance Program services. Contracted employees on State payroll who are eligible for benefits are eligible for EAPEmployee Assistance Program services. An employee, their spouse/registered domestic partner, and eligible dependents are entitled to receive a specified number of sessions per contract year.

• The state of California contracts directly with a provider for EAPEmployee Assistance Program services. There is no cost to the employee or their family members for the initial authorized sessions if the employee/Department uses the contracted provider. The level of service and number of counseling sessions per contract year, for which an employee is eligible, is determined by the bargaining unit to which the employee belongs.

Confidentiality

• Confidentiality is strictly maintained as required by law.

• The legal exceptions are the same as those that guide all clinicians:

  • When authorized by written consent of the employee.

  • If a member expresses intent to commit child or elder abuse, or expresses plausible suicidal or homicidal intent.

  • If a court order (subpoena) requires a clinician to reveal otherwise confidential information.

EAPEmployee Assistance Program Referrals

• There are three ways that EAPEmployee Assistance Program services can be assessed:

  • Self-Referral – This type of referral occurs as a result of an employee recognizing a problem in either his/her own or a dependent’s life. As a result of this recognition, the employee may contact the service provider for assistance.

  • Informal Referral (Supervisor Recommendation) – This type of referral occurs when the supervisor recognizes an employee struggling with a personal problem; or if the employee has asked for assistance in solving a problem.  The supervisor or manager may suggest that the employee contact the EAPEmployee Assistance Program.

  • Formal Supervisor Referral – A formal referral is utilized when there is no improvement in an employee’s work performance or other areas of deficiency which were discussed in their informal corrective meeting. The supervisor will work directly with the contractor’s Management Consultant (MC). The MC will advise the supervisor of the best way to approach the employee regarding the EAPEmployee Assistance Program. In addition, the MC will provide guidance to help the supervisor prepare a formal letter and meet with the employee to present the problem and the expectations. Participation in this program is still voluntary. A Supervisor’s Handbook is available from departmental EAPEmployee Assistance Program Coordinators. The handbook provides specific guidelines for making a formal supervisory referral.

Use of State Time

• The Department allows State time off for an employee to consult with the EAPEmployee Assistance Program clinician up to two sessions following the acceptance of a formal supervisory referral. This shall be documented on CDCRCalifornia Department of Corrections and Rehabilitation Form 998-A as “administrative time off.”

• For all other referrals, the employee shall be granted the time off required through the use of earned leave credits. However, the employee shall make every attempt to arrange EAPEmployee Assistance Program counseling outside of work hours.

The departmental EAPEmployee Assistance Program Coordinator is the Office of Employee Wellness (OEW). The OEW is responsible for establishing and maintaining the CDCRCalifornia Department of Corrections and Rehabilitation’s Employee Assistance Program and shall:

• Implement, promote, and manage the CDCRCalifornia Department of Corrections and Rehabilitation’s EAPEmployee Assistance Program.

• Provide assistance to EAPEmployee Assistance Program Coordinators statewide pertaining to specifications of the EAPEmployee Assistance Program.

• Coordinate EAPEmployee Assistance Program training and orientation sessions, as needed.

• Act as a liaison with other appropriate agencies.

• Ensure that a separate contract between CDCRCalifornia Department of Corrections and Rehabilitation and the contractor is in place for Critical Incident Stress Debriefings and special fee-for-services trainings.

Under the appointment of the hiring authority, the local EAPEmployee Assistance Program coordinator shall:

• Coordinate and administer EAPEmployee Assistance Program at their designated location and consult with OEW regarding policies and procedures.

• Provide assistance and training to employees in all aspects of the EAPEmployee Assistance Program program.

• Ensure complete confidentiality of all information obtained from and about employees and their family members.

Immediate counseling is available 24-hours-a-day through the departmental EAPEmployee Assistance Program to all CDCRCalifornia Department of Corrections and Rehabilitation staff by using the toll free telephone number.

• The caller shall:

  • State they are an employee of the Department and their call is of an emergency or crisis nature.

  • Be connected via telephone immediately with a licensed clinician.

• The caller may contact OEW to assist with facilitation, if needed, during normal business hours.

OEW will provide a non-departmental licensed mental health professional who is Psychological First Aid (PFA) trained to debrief and assist staff following an incident, upon request. OEW will incur the costs associated with providing the counselor.

Continued psychological care is available on a voluntary basis through the EAPEmployee Assistance Program. The employee can choose to continue to see the same PFA trained clinician or may elect another licensed mental health professional using their EAPEmployee Assistance Program benefits. The employee’s eligible family members also have the option of utilizing the same clinician using their EAPEmployee Assistance Program benefits. 

OEW shall maintain the master contract for the Department to provide non-departmental licensed mental health professionals who are PFA trained to debrief and assist staff following an incident.

The Peer Support Program (PSP) serves to provide an empathetic listening ear, and facilitate pathways to professional help or as a result of the following situations:

• Physical assault.

• Sexual assault.

• Hostage incident.

• Causing injury/death to person(s).

• Illness, death, and suicide.

• Substance use; or

• Involvement in onsite and offsite critical incidents.

Employee’s Workers’ Compensation Benefits

• The Peer Support Program is separate and distinct from Employee’s Workers’ Compensation Benefits as defined in DOMDepartment Operations Manual section 31020.7.5.1, which shall be followed to provide eligible employees with benefits.

Except as otherwise provided in this section, a communication made to a Peer Support Team (PST) member while providing peer support services is confidential. A record kept by a PST member relating to the provision of peer support services by the PST or a PST member is confidential. PST members shall, prior to providing services, inform the employee of the confidentiality policy to include limitations and exceptions.

PST members shall be advised that confidentiality will be strictly maintained except in the following circumstances:

• If the employee authorizes disclosure in writing.

• If the PST member reasonably believes that disclosure is necessary to prevent death or substantial bodily harm or if the information obtained suggests that the employee is a danger to themselves or others.

• If the information obtained relates to the abuse of children or of the elderly.

• If the employee’s conduct constitutes a violation of state or federal law, or if a violation of departmental policy is admitted.

• In response to a valid subpoena.

• If the disclosure is required by law or by court order; or

• An employee’s intent to defraud or deceive an investigation into a critical incident is revealed.

If questions or concerns arise, members shall adhere to departmental policy and in addition, contact the PST Administrator, PST Leader, or the statewide PSP Manager.

If there is a breach in confidentiality the PSP member must immediately consult with the PST Administrator. Revealing of confidential information, unless expressly permitted as noted in this article, may result in an immediate remedial response, which may include removal of the PST member and permanent disqualification from participating in any PSP services within the Department.

PSP is supported in various ways by the Office of Employee Wellness (OEW), CDCRCalifornia Department of Corrections and Rehabilitation executives, worksite leadership, and statewide peer support staff.

The OEW PSP unit shall be made up of at a minimum the Statewide PSP Manager, Statewide PSP Coordinator, and a Mental Health Professional.

Worksite Leadership

• Each Hiring Authority, which includes the Warden, Regional Parole Administrator (RPARegional Parole Administrator),
  Division of Juvenile Justice (DJJDivision of Juvenile Justice (formerly CYA)), Superintendent, Director/ or Assistant Secretary or designee, shall:

  • Ensure that a local PSP is available and consistent with the goal of the program defined in this article and is in the employee’s and Department’s best interest.

  • Select a PST Administrator, at the minimum level of a manager. The PST Administrator is responsible for oversight of the local PST.

  • Select the PST members according to processes and procedures outlined in
    DOMDepartment Operations Manual section 31040.4.7.

  • Ensure compliance with DOMDepartment Operations Manual and applicable laws.

  • Ensure coordination between OEW, the local PST and other program resources; and

  • Ensure PST members receive the required OEW-designated training.

Compensation

• PST services may occur on or off-duty. PST members are employee volunteers and do not maintain a paid on-call status, therefore; PST Administrators, PST Leaders, and members are not eligible for on-call or call-back compensation when providing PST services. Overtime may be authorized upon approval from the Hiring Authority or their designee as applicable.

Composition

• The PST shall be comprised of the appropriate number of PST members, and shall be based on worksite demographics to include, but not limited to, worksite type, number of employees, employee disciplines and classifications, level of custody, and other related considerations.

• When possible, PST members shall reflect:

  • Diversity in job classifications representing all work areas of each worksite.

  • Diversity related to ethnicity, gender, race, age, sexual orientation, and physical abilities.

• The PST shall be comprised of:

  • One voluntary PST Administrator.

  • One voluntary PST Leader.

  • Employee volunteers who are committed to providing support on or off duty.

•  Critical Incident Response Team (CIRT) leaders and members may be PST members. However, CIRT activations take priority over PST call outs. Therefore, teams shall be adequately staffed to ensure coverage if CIRT is activated simultaneously.

• The PST Administrator shall take efforts to maintain a minimum of 15 members including the PST Leaders.

• The PST shall not exceed 50 members.

• The PST Administrator in collaboration with the worksite Hiring Authority will ensure PST coverage is consistent with shift coverage and the size of the facility, parole region, or division.

• For worksites with less than 100 employees, a Hiring Authority may determine the minimum and maximum number of members for peer support coverage that is consistent with the size of the facility, shift coverage, parole region, and division.

• The Hiring Authority in conjunction with the PST Administrator or Leader may work with the Statewide PSP Manager to amend the limits of team members on a case-by-case basis.

The PST Administrator shall be appointed by the worksite Hiring Authority or designee. This is a secondary volunteer position with no expectation of remuneration. PST Administrators may serve up to a three-year tenure and may, upon completion of that term, apply for an extension up to an additional three years of tenure. Additional extensions may be granted after a review with the worksite leadership and the OEW Statewide PSP Coordinator.

• In addition to the requirements for all PST members, PST Administrator applicants or those selected shall meet the following eligibility criteria:

  • Be employed by CDCRCalifornia Department of Corrections and Rehabilitation;

  • Be at the managerial level;

  • Not be on probation; and

  • Receive an endorsement from their supervisor.

• PST Administrators shall:

  • Assume the role of the PST Leader when the Team Leader is unable to do so.

  • Ensure PSP is available to all employees.

  • Oversee the PST Leaders’ activities related to the program.

  • Ensure updates to the PST roster are maintained on a monthly basis and submitted to the Statewide PSP Coordinator.

  • Sign and adhere to the Peer Support confidentiality participation agreement and adhere to all policies and procedures.

  • Communicate with the Statewide PSP Coordinator as necessary for assistance, clarification, or support.

  • Adhere to the OEW PSP Manual.

  • Ensure new PST members receive Basic Peer Support training as identified inDOM section 31040.4.12. prior to assuming PST member responsibilities, including call-outs.

  • Ensure PST members receive required annual training as listed inDOM section 31040.4.12.

  • Utilize the standardized selection process outlined in DOMDepartment Operations Manual section 31040.4.7 for selecting team members.

  • Oversee the management of the PST in accordance with PSP policies, procedures, and processes.

  • Ensure the PST Leader organizes and conducts, at a minimum, quarterly team meetings covering team issues and relevant peer support content areas.

  • Ensure a smart device/cellphone is available for the PSP Team Leaders.

  • Adhere to proper utilization of the SharePoint site.

PST Leader(s) shall be appointed by the PST Administrator. PST Leaders are considered at-will voluntary secondary positions, with no expectation of remuneration. The local administration, Statewide PSP Manager, or Statewide PSP Coordinator may remove an employee from this position in accordance with DOMDepartment Operations Manual section 31040.4.8.

• The PST Leader shall:

  • Ensure that an updated list of PST members and contact information is provided to the Warden, Regional Parole Administrator, Superintendent, Watch Commander, Administrative Officer of the Day (AODAdministrative Officer of the Day), and the Statewide PSP Coordinator on a monthly basis.

  • Sign and adhere to the Peer Support confidentiality participation agreement and adhere to all policies and procedures.

  • Upon activation, notify the PST Administrator of the incident, and that the PST is responding. Activation of off-duty PST members must receive prior approval from the Hiring Authority or their designee.

  • Adhere to the OEW PSP Manual.

  • Assist in determining which member(s) will respond to the designated location.

  • Deploy team members.

  • Instruct team members to inform the peer they are assisting, prior to discussion, what the limitations and expectations are regarding the information revealed, as noted inDOM section 31040.4.1.

  • Adhere to the training requirements outlined in DOMDepartment Operations Manual section 31040.4.12.

  • Employ the standardized selection process outlined in DOMDepartment Operations Manual section 31040.4.7 for selecting team members,

  • Record incidents into the PSP SharePoint site as soon as feasible but not to exceed three calendar days after the call out occurred.

  • Conduct, at a minimum, quarterly meetings.

Employee volunteers who serve as PST members serve at-will, therefore the member can resign or the PST Administrator can remove a member, for cause, from the PST without notice. Peer support services may occur on or off-duty. PST members do not maintain paid on-call status, therefore; PST members are not eligible for on-call or call-back compensation when providing PST services. Overtime is only authorized upon approval from their Hiring Authority.

• PST members shall:

  • Sign and adhere to the Peer Support confidentiality participation agreement and adhere to all policy and procedures.

  • Provide confidential peer support services to the affected employee(s) at the request of either the individual employee, the referral by the employee’s supervisor, the Hiring Authority, or the PST Leaders.

  • Attend and successfully complete training as required in DOMDepartment Operations Manual section 31040.4.12.

  • In accordance with DOMDepartment Operations Manual section 31040.4, and without negating their assigned classification, make themselves available to provide peer support services when approached by employees for peer support.

  • Attend meetings as requested by the PST Administrator, PST Leader, or Statewide PSP Coordinator.

  • Assist in the facilitation of training requested by the PST Administrator or PST Leaders.

  • Adhere to the OEW PSP Manual.

  • Be willing to manage time effectively for minimal impact on primary classification duties.

  • Maintain satisfactory performance evaluations.

  • Notify the PST Leaders of potential conflict of interest/ or roles when providing peer support to individuals who they work with, directly or indirectly supervise, or have a personal relationship with.

  • Record incidents into the PSP SharePoint site as soon as feasible but not to exceed three calendar days after the call out occurred.

Employees interested in applying to volunteer as a PST member are required to participate in the competitive selection process.

• Applicants shall:

  • Complete and submit a PST member application.

  • Submit a letter of interest.

  • Receive an endorsement from their supervisor.

  • Participate in the interview process, if selected to do so.

• A selection panel shall be formed for the screening and processing of applications, interviews, and member selection. The selection panel shall include:

  • PST Administrator.

  • PST Leaders.

• The Hiring Authority may designate additional or alternative personnel to take part in the selection process if deemed appropriate. Additional or alternative personnel may represent the majority worksite demographics.

All members of the PST are employee volunteers who serve at-will at the discretion of the worksite Hiring Authority and the PST Administrator. The PST Administrator, in consultation with the worksite Hiring Authority and Statewide PSP Manager, may request that a PST member be removed when it has been determined that they acted in violation of law, Department policy, or they demonstrate failure to adhere to Peer Support Program guidelines outlined in the PSP manual.

A PST leader or member may resign from the PST by submitting a written resignation to the PST Administrator. For efficiency and to maintain the PSP, 30 days advance written notification is encouraged.

The PSP can be activated by a request from the Watch Commander, Administrative Officer of the Day, Regional Parole Administrator, or Superintendent; or by the PST Administrator or PST Leaders who can notify and gain approval for activation from the Watch Commander, Administrative Officer of the Day, Regional Parole Administrator, or Superintendent of the incident.

The PST Leaders shall hold a debriefing of the PST as soon as possible and prior to the team member(s) going off duty, unless physically or medically unfeasible. If a PST Leader is unavailable, a previously designated and trained team member shall assume the responsibilities. The PST Leaders or designee shall give the team member(s) detailed information about:

• Employee Assistance Program.

• Community resources.

• Law Enforcement Chaplains.

• Supportive Assistance for Employees Program.

• CDCRCalifornia Department of Corrections and Rehabilitation Wellness app.

The pertinence of these services shall be explained to the team. If necessary, and approved by the Hiring Authority, the PST Leader may request services from departmental or non-departmental counseling professionals to support team members during the debrief. These requests shall be routed to the OEW Statewide PSP Manager.

New Member Basic Peer Support training shall be completed prior to the employee assuming their PSP duties. Training shall be documented and provided to OEW.

New Member Basic Peer Support Training

• A one time, minimum of 24 course hours, of New Member Basic Peer Support Training is required for employees prior to utilization in their capacity as Peer Supporters. Training shall occur within three months of approval as a PST member. Within 12 months of completion of the new member training, and annually thereafter, the following is required:

  • A minimum of eight hours of PSP member training.

  • 12 hours of on-the-job training or other Peer Support-related training.

Peer Support Team Leader Training

• PST Leaders shall complete the following:

  • A one time, minimum of 24 course hours of New Member Basic Peer Support Training is required prior to utilization in the capacity as a Peer Support Team Leader.

  • A minimum of 12 hours of leadership and advanced Peer Support training per calendar year.

  • 12 hours of on-the-job training or other Peer Support-related training per calendar year.

Peer Support Team Administrator Training

• PST Administrators shall complete the following:

  • A one time, minimum of 24 course hours of New Member Basic Peer Support Training is required prior to utilization in the capacity as a Peer Support Team Administrator.

  • A minimum of 12 hours of leadership and Advanced Peer Support Training per calendar year.

The Military Peer Support Program component of the PST consists of members selected by the PSP Administrator or their designee. The Peer Support Military Liaison (PSML), when possible, shall be either a veteran of the United States Armed Forces or be a member of the National Guard or Reserves. The PSML shall provide the military employee with pre and post deployment support.

All PST Leaders shall go through the Department’s Training For Trainers (T4T) internal process

The Associate Director, Office of Employee Wellness, or their designee shall ensure that the content of this Article is accurate and current.

Prevailing MOUMemorandum Of Understanding.

8 CCRCalifornia Code of Regulations 3203, § 3203.

2 CCRCalifornia Code of Regulations 599.931 § 599.931.

GCGovernment Code §§ 8669.05 — 8669.30

GCGovernment Code §§ 8669.1 — 8669.7

GCGovernment Code § 19816.16.

Effective: September 13, 2021.