Section 6-B3901. MANDATORY DRUG AND ALCOHOL TESTING FOR SAFETY-SENSITIVE POSITIONS: GENERAL PROVISIONS

 

3901.1Pursuant to Title I of the Child and Youth, Safety and Health Omnibus Amendment Act of 2004, effective April 13, 2005 (D.C. Law 13-353; D.C. Official Code § 1-620.31 et seq.) (2006 Repl.), as amended by section 4 (b) of the Anti-Drunk Driving Clarification Amendment Act of 2006, effective March 2, 2007 (D.C. Law 16-195; D.C. Official Code § 1-620.33) (2007 Supp.), and as a means of ensuring the health and safety of children and youth, a Mandatory Drug and Alcohol Testing Program for Safety-Sensitive Positions (Program) has been established within the District government.  The purpose of the Program is to test appointees (new hires) into and employees in safety-sensitive positions for illegal drug and alcohol use, and including random, reasonable suspicion, and post-accident testing.

 

3901.2Each personnel authority with safety-sensitive positions shall contract with a professional testing vendor or vendors to conduct testing under the Program.  The vendor or vendors shall ensure quality control, chain-of-custody for samples, reliable collection and testing procedures, and any other safeguards needed to guarantee accurate and fair testing, in accordance with the procedures in 49 C.F.R. Part 40, and District government procedures.

 

3901.3The vendor or vendors selected to conduct the testing shall be certified by the United States Department of Health and Human Services (HHS) to perform job-related drug and alcohol forensic testing.

 

3901.4District government employees in safety-sensitive positions shall be given written notice that the District government is implementing a drug and alcohol testing program for safety-sensitive positions pursuant to D.C. Official Code § 1-620.31 et seq., at least thirty (30) days in advance of implementation of the Program.  No employee shall be tested prior to receiving the thirty-day (30-day) initial notification of the Program.

 

3901.5The Director, D.C. Department of Human Resources (DCHR), shall develop operating policies and procedures for the Program for agencies subordinate to the Mayor that have safety-sensitive positions.

 

3901.6The provisions of the Program are specified in sections 3902 through 3910 of this chapter.

 

3901.7Position vacancy announcements for positions identified and designated as safety-sensitive shall include a statement informing each applicant that:

 

(a)The position for which he or she is applying has been identified and designated as a safety-sensitive position subject to mandatory drug and alcohol testing;

 

(b)If tentatively selected for the safety-sensitive position, he or she will be required to submit to testing for illegal drug use prior to appointment, and that appointment to the position will be contingent upon a negative drug test result; and

 

(c)Once hired into a safety-sensitive position, he or she shall be subject to mandatory random drug or alcohol testing.

 

3901.8The position description for each position designated as safety-sensitive shall include a statement of such designation and a statement indicating that incumbents of the position shall be subject to testing for drug and alcohol use.

 

3901.9The Director, DCHR, shall publish the list of safety-sensitive positions in agencies under the personnel authority of the Mayor, in the District Personnel Manual (or any other procedural manual developed).  The list shall be updated periodically, as needed.