Chapter 3 – Personnel, Training, and Employee Relations

31090.6 On‑Duty Death

• Upon notification of an employee’s death the hiring authority shall establish a team of staff to manage the associated tasks. This team may include the deceased employee’s immediate supervisor, a member of the PSP, a personnel transaction Representative, and other members as determined by the hiring authority or their designee.

  • The PSP shall be activated in accordance with DOMDepartment Operations Manual 31040.3.2. Members of the PSP team can assist the hiring authority with the policies in this article.

• Media Contact

  • All media contacts shall be referred to the OPECOffice of Public and Employee Communications at opec@cdcr.ca.gov. Do not release the name of any individual involved in the incident to the media or others outside the department. Additionally, OPECOffice of Public and Employee Communications shall be notified of any death of a departmental employee which occurred under special circumstances.

• Notification to CAL-OSHACalifornia Occupational Safety and Health Act

  • Pursuant to California Code of Regulations, Title 8, section 342 and DOMDepartment Operations Manual section 31020.7, all employers are required to immediately, but no later than 8 hours, report all work-related deaths (Occurring in a place of employment or in connection with any employment) to CAL-OSHACalifornia Occupational Safety and Health Act.

• Notification of Family

  • Whenever possible, a department management Representative or the employee’s supervisor shall, in-person, notify the family of the employee’s death. If appropriate, a co-worker close to the deceased and a PSP chaplain may also be present.

  • The department Representative shall:

    • Ask to enter the residence and inform the family or legal designee in a plain and concise manner; express condolences; and provide pertinent information regarding the circumstances surrounding the death. Any questions by the family may be addressed at this time. If this notification is to be made at a family member’s place of work, a private area should be arranged in advance by the Representive at an appropriate time.

    • Discuss with the family the department’s involvement with funeral arrangements. The family will determine the level of the department’s participation in the funeral. The Representative will offer the department’s assistance to the family in making funeral arrangements.

    • If the deceased was a correctional peace officer, inform the family of funeral arrangement options for peace officers.

    • Discuss available resources, services, and benefits, e.g. EAPEmployee Assistance Program, CPOF, etc.

    • Determine with the family if arrangements should be made for someone to remain with the family until relieved by another family member or friends.

    • At the family’s request, assist in arranging for childcare with a provider who is acceptable to the family.

    • If the family requests assistance to be isolated from the media and the public, staff may be assigned to screen telephone calls.

    • As appropriate and necessary, arrange for police protection for the family.

    • Arrange with the family or legal designee an appropriate time to discuss all other pertinent matters.

• Hospital Attendance

  • If the employee dies in a hospital and the family requests, the Representative shall transport or arrange for transportation of the family to the hospital and provide support. The Representative will coordinate with medical personnel to provide the family with information regarding the death. The hospital’s Patient Services Coordinator will be asked to designate a private waiting area for the family. It is important for the family to be given as much information as possible regarding the death to prevent misinformation.

• Notification to the HRHuman Resources, ADD

  • The employee’s death shall be reported to the department’s HRHuman Resources, ADD. The following information shall be provided:
    (A) Today’s date
    (B) Deceased employee’s name
    (C) Social Security Number
    (D) Total state and CDCRCalifornia Department of Corrections and Rehabilitation/CCHCS service
    (E) Date of birth
    (F) Classification title
    (G) Collective Bargaining Unit Identifier (CBID)
    (H) Supervisor name
    (I) Work location
    (J) Hiring authority’s name
    (K) Death category (in-the-line-of-duty, on-duty, or off-duty)
    (L) Date/time of death
    (M) Suspected cause of death
    (N) Location of death
    (O) Last day worked (In-Office or Telework)
    (P) Total state service (years and months)
    (Q) Total years with CDCRCalifornia Department of Corrections and Rehabilitation/CCHCS
    (R) Next of kin or designee name
    (S) Next of kin or designee relationship
    (T) Next of kin or designee address
    (U) Next of kin or designee telephone number
    (V) Positive comments about the employee

  • The HRHuman Resources, ADD shall be responsible for ensuring that the Secretary is notified as soon as practical following local operating procedures.

• Notification of Governor

  • The Secretary may advise the Governor’s Office if the employee’s death occurred under special circumstances.

• Letter of Condolence – Hiring Authority

  • The department’s HRHuman Resources, ADD shall prepare a letter of condolence for the hiring authority. The hiring authority shall review, sign, and send the letter of condolence to the family.

• Letter of Benefits – Personnel Officer

  • In addition to the letter of condolence from the CDCRCalifornia Department of Corrections and Rehabilitation or CCHCS hiring authority, the Personnel Specialist shall prepare a letter of benefits to the family or legal designee for the Personnel Officer’s review and signature.

• Workers’ Compensation Analyst/Return to Work Coordinator

  • The field/institution return-to-work coordinator, or Workers’ Compensation Analyst, OEHM, and WC Unit shall work with the HQ-HRHuman Resources office or the local personnel office to ensure all information is provided to the family or legal designee regarding workers’ compensation benefits.

  • This shall include:

    • Coordinating the completion and submission of SCIFState Compensation Insurance Form Form e3067 and e3301 DWC Form 1 to the appropriate SCIFState Compensation Insurance Form office.

    • Notifying the DIRDepartment of Industrial Relations, Division of Workers’ Compensation, of the employee’s death and completing DIRDepartment of Industrial Relations Form 510. The completed form shall be forwarded to DIRDepartment of Industrial Relations, Death Without Dependents, P.O. Box 422400, San Francisco, California 94142.

  • Immediately (if not completed by the POCParole Outpatient Clinics or delegated staff) notifying the nearest district office of the Division of Occupational Safety and Health Administration of the employee’s death, but no later than 8 hours after the formal notification of death. Notification information shall include:

    • Time and date of accident/event.

    • Employer’s name, address, and telephone number.

    • Name and job title of person reporting the accident.

    • Address of the site of the accident or event.

    • Name and address of deceased employee (s).

    • Nature [cause] of death.

    • Location where deceased employee was moved.

    • Identify and list other law enforcement agencies present at site of accident.

    • Description of accident and whether the accident scene or instrumentality has been altered.

• Displaying the Flag

  • Upon the death of an institutional employee while on duty, the Governor shall determine if it is appropriate to have the state flag flown at half-mast on the day of the funeral following local operating procedures in accordance with DOMDepartment Operations Manual section 51090.16.

• Draped Badges

  • Upon notification of the death of an employee and until immediately after the funeral, each hiring authority may authorize their peace officer staff to wear their badges draped pursuant to DOMDepartment Operations Manual 33020.9.6.

• Funeral Arrangements

  • If requested by the family, the department may provide assistance in making funeral arrangements.

• Funeral Attendance

  • Department representation at the funeral services of any employee who passes away while on duty is desirable.

  • Staff may attend an employee’s funeral on state time with authorization of the hiring authority. The number of employees permitted to attend the funeral shall be governed by the department’s needs as determined by the hiring authority.

  • When the funeral is beyond the immediate geographic area, the hiring authority may approve attendance on state time, using a state vehicle.

• Funeral Uniform

  • When uniform staff who are not participating as the honor guard attend the funeral of a department or other law enforcement agency employee in an official capacity, the department Class “A” uniform shall be worn, including the draped departmental regulation badge. The DOMDepartment Operations Manual §33020 describes how the departmental regulation badge shall be draped and the Class “A” uniform.

• Overtime And Travel Expenses

  • Claims for overtime and/or travel expenses to attend the funeral of an employee who died on duty shall be pre-authorized in writing by the requesting employee’s hiring authority. The employee may then submit a request for travel advance in CalATERS. The travel advance must be cleared within 30 days of the issuance with a CalATERS travel expense claim or personal check.

• Family Liaison

  • The hiring authority shall designate a staff person to act as liaison to the family. This may be the department Representative or another staff member who shall discuss with the family benefits, collection of state-issued property, and return of personal effects.

• Personnel Office Responsibilities

  • Personnel staff are responsible for the following:

    • Reviewing the employee’s official personnel file and other employment records to determine final pay and benefits for which beneficiaries are eligible.

    • Meet personally with family to discuss information regarding appropriate benefits and final pay.

    • Notify the following of the employee’s death:

      • HRHuman Resources, ADD (If the Personnel Office staff is the first person)

      • Chief, Office of Employee Wellness (If not completed by the HA)

      • California Public Employee Retirement System (CalPERS)

      • State Controller’s Office (SCOState Controller’s Office)

      • California Department of Human Resources (CalHRCalifornia Department of Human Resources (formerly DPA and SPB)), Savings Plus Program office (if applicable)

      • Appropriate employee union or associations, insurance companies, or credit unions (if applicable)

      • CPOF – Custody Staff (if peace officer)

    • Process final pay and other appropriate disbursements or collections (e.g., outstanding accounts receivable, salary or travel advances, or garnishments); and release any warrants in accordance with the provisions of SAMState Administrative Manual §8477.25.

    • Provide the family or legal designee with a listing of the deceased’s payroll deductions and contacts for benefits, which may include the following:

      • Basic benefits.

      • Social security benefits.

      • Savings bonds.

      • Deferred compensation.

      • Tax-sheltered annuities.

      • Life insurance.

      • Health, dental, and vision.

      • Special benefits (depending upon the employee’s retirement category and nature of death).

      • Retirement benefits for state Peace Officers/Firefighters, Safety, or Industrial members of the PERSPublic Employees Retirement System including burial expenses.

      • Workers’ compensation benefits.

      • United States Department of Justice death benefits.