DAR File No. 32597

Human Resource Management, Administration

R477-10

Employee Development

NOTICE OF PROPOSED RULE

DAR File No.: 32597
Filed: 04/30/2009, 01:16
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The amendments revise employee evaluation procedures and change approval requirements for liability prevention training.

Summary of the rule or change:

In Subsections R477-10-1(1)(a) and R477-10-1(2), the dates are removed allowing flexibility for review year. In Subsection R477-10-1(1)(e), the rating system table is removed and the required date is removed. In Section R477-10-4, Risk Management is added as an approving body for liability prevention training curriculum and language is streamlined.

State statutory or constitutional authorization for this rule:

Sections 67-19-6 and 67-19-12.4

Anticipated cost or savings to:

the state budget:

These changes are administrative and do not directly impact state budgets.

local governments:

This rule only affects the executive branch of state government and will have no impact on local governments.

small businesses and persons other than businesses:

This rule only affects the executive branch of state government and will have no impact on other persons.

Compliance costs for affected persons:

This rule only affects agencies of the executive branch of state government.

Comments by the department head on the fiscal impact the rule may have on businesses:

Rules published by the Department of Human Resource Management (DHRM) have no direct effect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the Utah Personnel Management Act, Title 67, Chapter 19. This act limits the provisions of career service and these rules to employees of the executive branch of state government. The only possible impact may be a very slight, indirect effect if an agency passes costs or savings on to business through fees. However, it is anticipated that the minimal costs associated with these changes will be absorbed by agency budgets and will have no effect on business. Jeff Herring, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Human Resource Management
Administration
Room 2120 STATE OFFICE BLDG
450 N MAIN ST
SALT LAKE CITY UT 84114-1201

Direct questions regarding this rule to:

J.J. Acker or Michael Tribe at the above address, by phone at 801-537-9096 or 801-538-3627, by FAX at 801-538-3081 or 801-538-3081, or by Internet E-mail at jacker@utah.gov or miketribe@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

06/15/2009

This rule may become effective on:

07/01/2009

Authorized by:

Jeff Herring, Executive Director

R477. Human Resource Management, Administration.

R477-10. Employee Development.

R477-10-1. Performance Evaluation.

Agency management shall develop an employee performance management system consistent with these rules and subject to approval by the Executive Director, DHRM. The Executive Director, DHRM, may authorize exceptions to this rule consistent with Section R477-2-2. For this rule, the word employee refers to a career service employee, unless otherwise indicated.

(1) An acceptable performance management system shall satisfy the following criteria:

(a) Performance standards and expectations for each employee shall be specifically written in a performance plan[ by August 31 of each fiscal year].

(b) Managers or supervisors provide employees with regular verbal and written feedback based on the standards of performance and conduct outlined in the performance plan.

(c) Each employee shall be informed concerning the actions to be taken, time frames, and the supervisor's role in providing assistance to improve performance and increase the value of service.

(d) [Each]An employee shall have the right to include written comments pertaining to the evaluation with [his]the employee's performance evaluation.

(e) Agency management shall select a performance management rating system[ or a combination of systems by August 31 to be effective for the entire fiscal year].[ The rating system shall be one or more of the following:

 

TABLE

SYSTEM      # RATING               POINTS

1           Pass                   2

            Fail                   0

2           Exceptional            3

            Successful             2

            Unsuccessful           0

3           Exceptional            3

            Highly Successful      2.5

            Successful             2

            Unsuccessful           0

4           Exceptional            3

            Highly Successful      2.5

            Successful             2

            Marginal               1

            Unsuccessful           0

]

(2) Each fiscal year a state employee shall receive a performance evaluation[ effective on or before the beginning of the first pay period of the following fiscal year].

(a) A probationary employee shall receive an additional performance evaluation at the end of the probationary period.

(b) The evaluation form shall include a space for the employee's comments. The employee may comment in writing, either in the space provided or on a separate attachment.

 

R477-10-4. Liability Prevention Training.

Agencies shall provide liability prevention training to their employees. The curriculum shall be approved by DHRM and the Division of Risk Management. Topics shall include[ but not be limited to]: [new employee orientation, ]prevention of [unlawful]workplace harassment, discrimination and violence[and supervisor training on prevention of workplace violence].

 

KEY: educational tuition, employee performance evaluations, employee productivity, training programs

Date of Enactment or Last Substantive Amendment: July 1, 200[8]9

Notice of Continuation: June 9, 2007

Authorizing, and Implemented or Interpreted Law: 67-19-6; 67-19-12.4