Section 6-B432. MANDATORY DRUG AND ALCOHOL TESTING - POST-ACCIDENT OR INCIDENT

 

432.1All District employees shall be subject to post-accident or incident testing when they are involved in accidents or incidents under the following conditions: 

 

(a) The employee is involved in an on-the-job accident or incident that result in injury or loss of human life;

 

(b)One (1) or more motor vehicle(s) (either District government or private) incurs disabling damage, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle;

 

(c)Anyone receives bodily injury which requires immediate medical attention away from the scene;

 

(d) The employee operating a government vehicle or equipment receives a citation under District of Columbia or another law for a moving traffic violation arising from the incident;

 

(e) There are reasonable grounds to believe the employee has been  operating or in physical control of a motor vehicle within the District of Columbia while that employee’s breath contains .04 percent or more, by weight, of alcohol, or while under the influence of an intoxicating liquor or any drug or combination thereof;

 

(f) The actions of the employee cannot reasonably be discounted as a contributing factor, using the best information available at the time of the decision; or

 

(g) The employee is involved in an on-the-job accident or incident that seriously damages machinery, equipment, or other property.

 

432.2A post-accident or incident drug or alcohol test shall be conducted as set forth in Sections 425 and 427.

 

 

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).