Section 6-B431. MANDATORY DRUG AND ALCOHOL TESTING - REASONABLE SUSPICION

 

431.1All District employees, including employees in independent agencies, are subject to, and shall be referred by a trained supervisor or manager for, drug and alcohol testing when there is a reasonable suspicion that the employee, while on duty, is impaired or otherwise under the influence of a drug or alcohol.

 

431.2 Prior to contacting the appropriate personnel authority to make a referral under this section, the trained supervisor or manager shall:

 

(a) Have reasonable suspicion that the employee 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; and

 

(b) Gather all information and facts to support this reasonable suspicion.

 

431.3  A reasonable suspicion referral shall be confirmed through a second opinion rendered by another trained supervisor or manager, if available.

 

431.4A reasonable suspicion referral may be based on direct observation of drug use or possession, physical symptoms of being under the influence of drugs, symptoms suggesting alcohol intoxication, a pattern of erratic behavior, or any other reliable indicators. There may be reasonable suspicion under the following conditions:

 

431.5 Reasonable suspicion may be established if:

 

(a) The employee is witnessed using a drug or alcohol while on duty;

 

(b) The employee displays physical symptoms consistent with drug or alcohol usage;

 

(c) The employee engages in erratic or atypical behavior of a type that is consistent with drug or alcohol usage; or

 

(d) There are other articulable circumstances which would lead a reasonable person to believe that the employee is under the influence of a drug or alcohol.

 

431.6 Only a trained supervisor or manager shall refer an employee for drug or alcohol testing. 

 

431.7 Prior to making a referral, the trained supervisor or manager shall gather all information and facts that support the reasonable suspicion determination.

 

431.8 Reasonable suspicion referral testing shall be conducted in accordance with Sections 425 and 427 of this chapter. 

 

431.9Testing resulting from a reasonable suspicion referral shall be conducted as specified in Sections 427 and 428 of this chapter.

 

 

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 62 DCR 13820 (October 23, 2015).