Section 6-B406. ENHANCED SUITABILITY SCREENING - GENERAL PROVISIONS

 

406.1In addition to a general suitability screening, appointees, volunteers, and employees shall be subject to one (1) or more of the following enhanced suitability screenings, as dictated by the applicable position:

(a) Pre-employment criminal background check;

 

(b) Biennial criminal background check;

 

(c)Traffic record check;

 

(a) Consumer credit check;

 

(e) Pre-employment drug and alcohol test;

 

(f) Reasonable suspicion drug and alcohol test;

 

(g) Random drug and alcohol test;

 

(h) Post-accident or post-incident drug and alcohol test; or

 

(i) Return-to-duty and follow-up drug and alcohol test.

 

406.2Agencies under the personnel authority of the Mayor shall conform to the standards and procedures established in this chapter for screenings. 

 

406.3No individual may work in a safety sensitive position until the completion of a negative drug test. 

 

406.4Each current employee in a covered position shall be subject to an enhanced suitability screening beginning within forty-five (45) days of the publication in the D.C. Register of the Notice of Final Rulemaking implementing the criminal background check requirements of this chapter. The personnel authority shall notify each current employee in a covered position that he or she shall be subject to enhanced suitability screening under the chapter prior to conducting any such screening.  Employees who occupy safety sensitive positions at the time these rules become final shall be subject to a reasonable suspicion drug and alcohol test, a random drug and alcohol test, post-accident or post-incident drug and alcohol tests, and return-to-duty and follow-up drug and alcohol tests. Employees who occupy protection sensitive positions at the time these rules become final shall not be subject to an initial drug or alcohol test, but shall be subject to a reasonable suspicion drug and alcohol test, a random drug and alcohol test, post-accident or post-incident drug and alcohol tests, and return-to-duty and follow-up drug and alcohol tests. Employees who occupy security sensitive positions at the time these rules become final shall not be subject to an initial consumer credit check.

 

406.5The Director of the DCHR (or his or her designee) shall publish in the Electronic-

District Personnel Manual (or any other electronic procedural manual or manuals developed) positions in subordinate agencies subject to enhanced suitability screening pursuant to this chapter. 

 

406.6The position description for each position designated for an enhanced suitability screening shall include a statement of such designation and a statement indicating that incumbents of the position shall be subject to enhanced suitability screening. 

 

406.7Agencies subordinate to the Mayor and independent agencies that are subject to these regulations shall cover the full administrative costs of the enhanced suitability screenings listed in Subsection 406.1 of this chapter.  

 

406.8Employees shall not be responsible for the cost of any enhanced suitability screening requirements.  Employees shall only be required to participate in suitability assessment activities while on-duty and in a pay status.

 

406.9 Unless otherwise provided pursuant to law or regulation, when an appointee is disqualified under the provisions of this chapter, the program administrator, at its discretion, may continue to rely on that determination with regard to subsequent applications for substantially similar positions with the same enhanced suitability requirements, for a period of not more than one (1) year from the date of the disqualification determination, after which a new suitability screening shall be required.

 

406.10 Upon expiration of the one (1) year period under Subsection 406.9, a new suitability screening shall be conducted and a re-determination made before the individual may be appointed.

 

406.11Employees separated under Subsection 428.1 and appointees denied continued employment under Subsection 428.2 shall not be eligible for employment in a substantially similar safety sensitive or protection sensitive position for a period of one (1) year from the date of his or her removal or disqualification.

 

 

authority

Mayor’s Order 2008-92, dated June 26, 2008, and with the concurrence of the City Administrator; Mayor’s Order 2007-95, dated April 18, 2007; Mayor’s Order 2012-84, dated June 18, 2012; and in accordance with the provisions of the Child and Youth, Safety and Health Omnibus Amendment Act of 2004, effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code §§ 4-1501.01 et seq. (2012 Repl.)); and Sections 422 (2), (3), and (11) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 790; D.C. Official Code §§ 1-204.22(2), (3), (11) (2012 Repl.)).

source

Final Rulemaking published at 51 DCR 11591 (December 24, 2004); as amended by Final Rulemaking at 56 DCR 4346 (June 5, 2009); as amended by Final Rulemaking published at 62 DCR 13820 (October 23, 2015).