Section 3680.22. Hiring practices, public and private agencies

(a) The legal entity shall establish, and ensure adherence to, written policies and procedures regarding the hiring of staff.

(b) The policies and procedures shall include, at a minimum, the following:

(1) Prior to hiring a staff person, a private agency shall obtain the names of at least three persons, other than immediate family members, who can verify the potential employe’s education, employment history and serve as a character reference.

(2) The persons identified by the potential employe under paragraph (1) shall be contacted either orally or in writing. Written responses or notations of the results of oral responses shall be kept in the staff person’s personnel record.

(3) Staff hired by a public agency shall be hired in accordance with the procedures established by the legal entity.

(4) The agency, whether public or private, may not hire a staff person without first complying with 23 Pa.C.S. § 6344 (relating to information relating to prospective child-care personnel) and Chapter 3490 (relating to protective services).

(5) The agency shall ensure that, no more than 30 days prior to commencing employment, each staff person whose responsibilities include care and supervision of children in daily program activities receives certification from a licensed physician that the staff person has no communicable diseases or physical conditions that might endanger the health and safety of children or prevent the staff person from performing job functions.

(6) If in the course of employment of a staff person there is reason to believe that a medical examination or evaluation is indicated, the agency shall ensure that the staff person receives an appropriate medical examination or evaluation from a licensed physician.

The provisions of this § 3680.22 adopted January 23, 1987, effective April 24, 1987, 17 Pa.B. 392.

Notation

Authority

The provisions of this § 3680.22 issued under Articles II, VII, IX and X of the Public Welfare Code (62 P. S. § § 201—211, 701—774, 901—922 and 1001—1080).

Cross References

This section cited in 55 Pa. Code § 3680.31 (relating to personnel records).