Section 6-B3902. MANDATORY DRUG AND ALCOHOL TESTING FOR SAFETY-SENSITIVE POSITIONS: APPLICABILITY

 

 

3902.1Pursuant to D.C. Official Code § 1-620.32 (a) (2006 Repl.), the following appointees and District government employees shall be subject to drug and alcohol testing:

 

(a)An appointee (new hire) to a safety-sensitive position with a District government agency;

 

(b)A District government employee in safety-sensitive position who has a reasonable suspicion referral; and

 

(c)A post-accident District government employee in a safety-sensitive position, as soon as reasonably possible after the accident.

 

3902.2The following subordinate agencies shall be covered under the Program, on the basis that each one of these agencies, as a whole or certain components thereof, has safety-sensitive positions:

 

(a)Department of Human Services;

 

(b)Department of Health;

 

(c)Department of Parks and Recreation;

 

(d)Fire and Emergency Medical Services Department;

 

(e)Metropolitan Police Department;

 

(f)Traffic Safety Administration within the District Department of Transportation;

 

(g)Office of the State Superintendent of Education;

 

(h)Department of Youth Rehabilitation Services;

 

(i)Department of Employment Services;

 

(j)Department of Mental Health;

 

(k)Child and Family Services Agency;

 

(l)Department of Disability Services;

 

(m)District Department of the Environment, Natural Resources Administration, Fisheries and Wildlife Division, Fisheries Management Branch, Aquatic Resource Education Center;

 

(n)D.C. Public Schools; and

 

(o)Any other subordinate or independent District government agency subject to these regulations, including an agency which, as a result of a permanent or a temporary change to its mission such as may be caused by reorganization or any other similar reason, come to have safety-sensitive positions.

3902.3While not listed in section 3902.2 of this section, the provisions of sections 3901 through 3910 of this chapter shall apply to independent agencies covered by this chapter, such as the D.C. Public Library, that have safety-sensitive positions as that term is defined in the Act.

 

3902.4The D.C. Department of Human Resources may execute a Memorandum of Understanding to conduct drug and alcohol testing under the Act for an independent agency with safety-sensitive positions.

 

authority

The Director, Department of Human Resources (DCHR), with the concurrence of the City Administrator, pursuant to Mayor’s Order 2008-92, dated June 26, 2008, and in accordance with Title I of the Child and Youth, Safety and Health Omnibus Amendment Act of 2004 (Act), effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code § 1-620.31 et seq.) (2006 Repl. and 2008 Supp.).

source

As amended by Final Rulemaking published at 56 DCR 4354 (June 5, 2009).