An Administrator's Guide to California Private School Law

Chapter 3 – Hiring

California employers generally may not test applicants and employees for HIV and base hiring and employment decisions on those tests. 303 B. T UBERCULOSIS R ISK A SSESSMENT Effective January 1, 2015, a tuberculosis risk assessment administered by a health care provider replaced mandatory tuberculosis testing for school employees and volunteers. 304 1. R EQUIRED O F A PPLICANTS Prior to the change in law, a private school could not employ anyone who had not been examined and found to be free of tuberculosis within the prior 60 days, unless the potential employee was previously employed by a private or public school and could produce a certificate that showed he or she was examined and found to be free of tuberculosis in the prior four years. Under the amended law, a private school cannot employ an individual unless he or she produces or has on file with the school a certificate showing that within the last 60 days the individual has submitted to a tuberculosis risk assessment and, if tuberculosis risk factors are identified, has been examined and has been found to be free of infectious tuberculosis. If no risk factors are identified, an examination is not required. The individual may, however, submit to an examination instead of submitting to a tuberculosis risk assessment. 305 If the potential employee was previously employed by a private or public school and can produce a certificate that shows that he or she was found to be free of infectious tuberculosis within 60 days of initial hire, the individual meets the requirements of the amended law. 306 Alternatively, the potential employee can ask his or her previous employer to verify that it has a certificate on file indicating that he or she is free from infectious tuberculosis. 307 The risk assessment questionnaire can be found at: http://ctca.org/fileLibrary/file_664.pdf. This is the form the employee must bring to his or her doctor. Page two of the form is what the school should keep on record showing the employee underwent the risk assessment. This form was developed by the California Tuberculosis Controllers Association and state Department of Health. They also published an FAQ which can be accessed at: http://ctca.org/fileLibrary/ file_665.pdf. 308 2. R EQUIRED O F E MPLOYEES Under the former law, all employees who had previously tested negative for tuberculosis were required to take a tuberculosis test at least once every four years. Under the amended law, all employees who have no identified risk factors or who test negative for the tuberculosis infection are required to undergo the tuberculosis risk assessment and, if risk factors are identified, the examination, at least once every four years. 309 Once an employee has a documented positive test for tuberculosis infection, the tuberculosis risk assessment is no longer required, and a referral will be made within 30 days of completion of the examination to the local health care officer to determine the need for follow up care. 310

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 94