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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 6. PERSONNEL |
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SubTilte 6-B. GOVERNMENT PERSONNEL |
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Chapter 6-B4. SUITABILITY |
Section 6-B435. SUITABILITY DETERMINATIONS
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435.1The information contained in this section shall only apply to enhanced suitability screenings.
435.2The program administrator shall establish and maintain written suitability assessment determinations for enhanced suitability screenings.
435.3The program administrator shall make a suitability determination within fifteen (15) days after receiving all enhanced suitability screening information necessary to make the determination.
435.4The final suitability determination shall establish whether:
(a) For appointees, if a conditional offer of employment should be withdrawn;
(b) For volunteers, if the individual is suitable to provide voluntary services; and
(c) For employees, if the individual may be retained in their position of record.
435.5For appointees to and employees in safety sensitive positions in a covered child or youth service agency, as defined by D.C. Official Code § 4-1501.02(3) (2012 Repl.), the final suitability determination shall establish whether the appointee or employee presents a present danger to children or youth.
435.6In accordance with Section 428, a positive drug or alcohol test shall render an individual unsuitable for District employment and constitute cause for purposes of Chapter 16 of these regulations.
435.7The program administrator shall notify the employing agency of the final suitability determination.
435.8If an appointee is deemed unsuitable based on an enhanced suitability screening, any conditional employment offer shall be withdrawn and he or she shall be notified of the final suitability determination.
435.9If an employee is deemed unsuitable, the employing agency shall move the employee to a non-covered position, or if none are available, terminate his or her employment by immediately initiating the appropriate adverse action procedure as specified in this subtitle or any applicable collective bargaining agreement. Notwithstanding any other provision of this subtitle, whenever an employee is deemed unsuitable under this chapter, the facts supporting that determination shall be cause for adverse action under Chapter 16 of these regulations.
435.10If a volunteer is deemed unsuitable for voluntary service, the voluntary service process shall be terminated and he or she shall be notified of the suitability determination.
435.11Post-accident and incident drug or alcohol testing results shall be provided to the Chief Risk Officer, Office of Risk Management, for purposes of the Public Sector’s Workers Compensation Program, upon request.