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SUITABILITY ASSESSMENT PROGRAM GUIDANCE : 42 CFR § 73.11, 7 CFR § 331.11, and 9 CFR § 121.11
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06/01/2022
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Description:The purpose of this guidance document is to assist entities in the development of a site-specific suitability assessment program for individuals with access to Tier 1 select agents and toxins (BSAT), according to section 11(f) of the select agent regulations (42 CFR § 73.11, 7 CFR § 331.11, and 9 CFR § 121.11). This guidance provides recommendations for meeting this requirement; however, the entity should develop the suitability assessment plan according to the specific conditions of their registered space.
Those sections of the select agent regulations which require an entity to include in its written security plan a pre-access suitability assessment and an on-going assessment of individuals with access to Tier 1 BSAT do not preempt federal, state, or local employment or privacy laws. An entity must ensure that it is compliant with all federal, state and local employment and privacy laws in the development of all suitability assessment plans.
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