Section 6-B3999. DEFINITIONS

 

3999.1When used in this chapter, the following terms shall have the meaning ascribed:

 

Alcohol - for the purposes of sections 3901 through 3910 of this chapter, the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols in methyl and isopropyl alcohol, no matter how it is packaged or in what form the alcohol is stored, utilized or found.

 

Applicant - for the purposes of sections 3901 through 3910 of this chapter, a person who has filed a resume or written application for District government employment in a safety-sensitive position.

 

Appointee - for the purposes of sections 3901 through 3910 of this chapter, a person who has been made a tentative offer of appointment with the District government in a safety-sensitive position.

 

Breathalyzer/Evidential Breath Testing Device (EBT) - for the purposes of sections 3901 through 3910 of this chapter, method for measuring the level of alcohol present in an individual.

 

Children - for the purposes of sections 3901 through 3910 of this chapter, persons twelve (12) years of age and under.

 

Days - calendar days, unless otherwise specified.

 

Drugs - for the purposes of sections 3901 through 3910 of this chapter, illegal drugs for which tests are required under 49 C.F.R. part 40, such as marijuana, cocaine, amphetamines, phencyclidine (PCP), and opiates; but not authorized prescription medications.

 

Enzyme-Multiplied-Immunoassay Technique (EMIT) - for the purposes of sections 3901 through 3910 of this chapter, initial method that is used to test for drugs in urine samples.

 

Gas chromatography mass spectrometry (GCMS) methodology - for the purposes of sections 3901 through 3910 of this chapter, the only authorized confirmation-testing method for cocaine, marijuana, opiates, amphetamines, and phencyclidine.

 

Personnel authority - a person or entity with the authority to administer all or part of a personnel management program as provided in D.C. Official Code § 1-604.01 et seq.) (2006 Repl.).

 

Post-accident employee - for the purposes of sections 3901 through 3910 of this chapter, a District government employee in a safety-sensitive position who, while on duty, is involved in a vehicular or other type of accident resulting in personal injury or property damage, or both, in which the cause of the accident could reasonably be believed to have been the result, in whole or in part, from the use of drugs or alcohol on part of the employee.

 

Probable cause - for the purposes of sections 3901 through 3910 of this chapter, a reasonable belief by a supervisor that an employee in a safety-sensitive position is under the influence of an illegal drug or alcohol to the extent that the employee’s ability to perform his or her job is impaired.

 

Random testing - for the purposes of sections 3901 through 3910 of this chapter, drug or alcohol testing conducted on a District government employee in a safety-sensitive position at an unspecified time for purposes of determining whether the employee has used drugs or alcohol and, as a result, is unable to satisfactorily perform his or her employment duties.

 

Reasonable suspicion - for the purposes of sections 3901 through 3910 of this chapter, a reasonable belief by a supervisor that an employee in a safety-sensitive position is under the influence of an illegal drug or alcohol to the extent that the employee’s ability to perform his or her job is impaired.

 

Reasonable suspicion referral - for the purposes of sections 3901 through 3910 of this chapter, referral of an employee in a safety-sensitive position for testing by the District government for drug or alcohol use.

 

Safety sensitive position - for the purposes of sections 3901 through 3910 of this chapter, a position with duties and responsibilities that require the incumbent to provide services that affect the health, safety, and welfare of children or youth, including direct care and custody of children or youth, including but not limited to the duties and responsibilities listed in section 3903.1 (a) through (t) of this chapter.

 

Subordinate agency - any agency under the direct administrative control of the Mayor, including, but not limited to, the agencies listed in section 301 (q) of the CMPA (D.C. Official Code § 1-603.01 (17)) (2007 Supp.).

 

Youth - for the purposes of sections 3901 through 3910 of this chapter, persons between thirteen (13) and seventeen (17) years of age, inclusive.