Policy Guide - What is a "Sensitive" Position

HR Policy Manual

Policy Guide - What is a "Sensitive" Position

As a result of recent legislation, agencies are now required to identify positions that are “sensitive” and designate them in PMIS. They are further required to conduct a fingerprint-based criminal history check on finalist candidates when filling vacancies in those positions.
The Code of Virginia (§2.2-1201.1) defines sensitive positions as those
“generally described as directly responsible for the health, safety and welfare of
the general populace or protection of critical infrastructures.” Agencies need to
review their positions and determine which should be designated as sensitive for
these purposes.
In an effort to assist with the identification process, we offer the following points
for consideration when identifying sensitive positions in your agency:
• The legislation is the result of Homeland Security initiatives.
• For Homeland Security purposes, “critical infrastructures” normally refers
to public utility, communication, water, emergency management, law
enforcement, public health, transportation, agribusiness, financial and
government systems that are essential to ensuring public safety, national
security and the economic stability of the state or nation.1
Questions about policies related to criminal history checks may be directed to
policy@dhrm.virginia.gov. Agencies may wish to consult the Office of the
Attorney General for guidance on specific issues related to criminal history
information.