Section 6-B426. MANDATORY DRUG AND ALCOHOL TESTING – NOTIFICATION REQUIREMENTS

 

426.1Each appointee or employee in a covered position shall be provided a copy of the District’s drug and alcohol policy, and any additional requirements imposed by his or her respective agency. The policy shall state at a minimum the following:

 

(a)   The circumstances under which an appointee or employee will be tested;

 

(b)   The basic methodology to be used for testing; and

 

(c)   The consequences of a positive test result.

 

426.2Each appointee or employee in a covered position shall sign an acknowledgement that he or she received the written policy as specified in Subsection 426.1 of this section. A legal guardian’s signature is needed if the appointee or employee is under eighteen (18) years of age. 

 

426.3As a condition of employment, each appointee or employee in a safety sensitive position subject to random drug and alcohol testing shall execute consent to the testing required by this chapter, or face immediate separation from the District government.

 

426.4Whenever an employee occupies a position that becomes designated as safety sensitive he or she may self-report any existing drug or alcohol usage to his or her agency within thirty (30) days of the change in designation. The employee shall:

 

(a) Be permitted to engage in any needed counseling or rehabilitation program(s), without being subject to adverse or other administrative actions;

 

(b) Be detailed to a position that is not safety or protection sensitive while undergoing the treatment; and

 

(c) Be returned to a safety or protection sensitive position upon successful completion of treatment, and a negative test result.

 

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 at 58 DCR 531 (January 21, 2011); as amended by Final Rulemaking published at 62 DCR 13820 (October 23, 2015).