11-40-102 - Criminal background check authorized -- Written notice required.
11-40-102. Criminal background check authorized -- Written notice required.
(1) A public water utility may:
(a) require an applicant to submit to a criminal background check as a condition ofemployment;
(b) periodically require existing employees of the public water utility to submit to acriminal background check if, in the judgment of the public water utility, the employee is in aposition to affect the safety or security of the publicly owned treatment works or public watersystem or to affect the safety or well-being of patrons of the public water utility; and
(c) require a person seeking access to submit to a criminal background check as acondition of acquiring access.
(2) (a) Each applicant, person seeking access, and existing employee described inSubsection (1)(b) shall, if required by the public water utility:
(i) submit a fingerprint card in a form acceptable to the division; and
(ii) consent to a fingerprint background check by:
(A) the Utah Bureau of Criminal Identification; and
(B) the Federal Bureau of Investigation.
(b) If requested by a public water utility, the division shall request the Department ofPublic Safety to complete a Federal Bureau of Investigation criminal background check for eachapplicant, person seeking access, or existing employee through a national criminal historysystem.
(c) (i) A public water utility may make an applicant's employment with the public waterutility or the access of a person seeking access conditional pending completion of a criminalbackground check under this section.
(ii) If a criminal background check discloses that an applicant or a person seeking accessfailed to disclose accurately a criminal history, the public water utility may deny or, ifconditionally given, immediately terminate the applicant's employment or the person's access.
(iii) If an applicant or person seeking access accurately disclosed the relevant criminalhistory and the criminal background check discloses that the applicant or person seeking accesshas been convicted of a crime that indicates a potential risk for the safety of the public waterutility's public water system or publicly owned treatment works or for the safety or well-being ofpatrons of the public water utility, the public water utility may deny or, if conditionally given,immediately terminate the applicant's employment or the person's access.
(3) Each public water utility that requests a criminal background check under Subsection(1) shall prepare criteria for which criminal activity will preclude employment and shall providewritten notice to the person who is the subject of the criminal background check that thebackground check has been requested.
Amended by Chapter 90, 2004 General Session