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.

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.