Section 6-B499. DEFINITIONS

 

499.1When used in this chapter, the following meanings apply:

 

Administrative action – official reprimands, suspensions, reductions in grade, or removals under the corrective and adverse action provisions for the Career Service contained in Chapter 16 of Subtitle B, Title 6 of these regulations; and other similar penalties, up to and including removal, for employees in services other than the Career Service.

 

Agency – any unit of the District of Columbia government, excluding the courts, required by law, by the Mayor of the District of Columbia, or by the Council of the District of Columbia to administer any law, rule, or regulation adopted under authority of law. The term agency shall also include any unit of the District of Columbia government created by the reorganization of one (1) or more units of an agency and any unit of the District of Columbia government created or organized by the Council of the District of Columbia as an agency.

 

Alcohol – for the purposes of Sections 425 through 434, the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols in methyl and isopropyl alcohol, regardless of its packaging form, storage, or utilization.

 

Applicant – an individual who has filed a résumé or electronic (web-based) application for employment in the District government. 

Appointee – a person who has been made a conditional job offer to a position, compensated or voluntary, subject to the satisfactory completion of a general or enhanced suitability screening. 

 

Child – an individual twelve (12) years of age and under.

 

Covered position – for the purposes of Sections 406 through 440, a position, compensated or voluntary, that is designated as safety, protection, or security sensitive position.

 

Days – calendar days, unless otherwise indicated.

 

Derogatory information - any information that detracts from the character or standing of the individual for the position which he or she occupies or for which he or she has applied. 

 

Drug – for the purposes of Sections 425 through 434, an illegal drug for which tests are required under 49 C.F.R. part 40, such as marijuana, cocaine, amphetamines, phencyclidine (PCP), and opiates; but not authorized prescription medications.

 

Elderly  – age 65 years or older.

 

Employee – an individual who performs a service for the District government and receives compensation for the performance of such service.  

 

Finance related – involving access to or control of financial instruments, processes or systems;

 

Follow-up test – a series of unannounced drug and/or alcohol tests conducted periodically after an employee returns to the workplace upon satisfactorily completing treatment requirements. Follow-up testing is separate and in addition to the random, post-accident, reasonable suspicion and return-to-duty testing.

 

Independent agency – any board or commission of the District of Columbia government not subject to the administrative control of the Mayor. 

 

Personnel authority – an individual or entity with the authority to administer all or part of a personnel management program as provided in Title IV of the Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code §§ 1-604.01, et seq.).

 

Post-accident or post-incident test – for the purposes of Sections 425 through 434, an examination that is administered to a District government employee who, while on duty, is involved in a vehicular or other type of accident resulting in personal injury, property damage, or both, in which the cause of the accident could reasonably be believed to have been the result, in whole or in part, from the use of a drug or alcohol on part of the employee.

 

Program administrator – the Director of the D.C. Department of Human Resources for agencies subordinate to the Mayor, or his or her designee; or the agency head for independent agencies, or his or her designee (if applicable). 

 

Protection sensitive position – a position with duties or responsibilities caring for or ensuring the well-being of children or youth, patients, elders, or other vulnerable persons, including but not limited to the positions listed in Subsection 411.2 of this chapter. 

 

Random drug or alcohol test – for the purposes of Sections 425 through 434, an examination that is administered to a District government employee in a safety sensitive position, at an unspecified time, for the purpose of determining whether the employee has used drugs or alcohol and, as a result, is unable to satisfactorily perform his or her employment duties.

 

Reasonable suspicion test – for the purposes of Sections 425 through 434, an examination that is administered to a District government employee based on the reasonable belief by a supervisor that an employee is under the influence of a drug or alcohol to the extent that the employee’s ability to perform his or her job is impaired.

 

Reasonable suspicion referral – for the purposes of Sections 425 through 434, referral of an employee for testing by the District government to determine drug or alcohol usage.

 

Returned to duty test – a one-time, announced drug and/or alcohol test required as a condition of an employee’s return to the workplace upon satisfactorily completing required treatment for substance abuse.

 

Safety sensitive position – a position with duties or responsibilities which if performed while under the influence of drugs or alcohol, could lead to a lapse of attention that could cause actual, immediate and permanent physical injury or loss of life to self or others, including but not limited to the positions listed in Subsection 410.3 of this chapter.

 

Security sensitive position – a position of special trust that may be reasonably expected to affect the access to or control of activities, systems, or resources that are subject to misappropriation, malicious mischief, damage, loss or impairment of control of communication, including but not limited to the positions listed in Subsection 412.3 of this chapter.

 

Subordinate agency – any agency under the direct administrative control of the Mayor, including but not limited to, the agencies listed in Section 301(q) of the CMPA (D.C. Official Code § 1-603.01(17)).

 

Substantial evidence  – the degree of relevant evidence that a reasonable person, considering the record as a whole, might accept as adequate to support a conclusion of an administrative board or agency, even though other reasonable persons might disagree. Under the substantial evidence rule, the reviewing tribunal will defer to an agency determination so long as, upon an examination of the whole record, there is substantial evidence upon which the agency could reasonably base its decision.

 

Suitability – the quality or state of being acceptable for District government employment with respect to the character, reputation, and fitness of the person under consideration.

 

Volunteer – an individual who works with the District government without monetary or other financial compensation.

 

Vulnerable adult – an individual eighteen (18) years of age or older who has a physical or mental condition which impairs his or her ability to provide for their own care or protection.

 

Youth – an individual between thirteen (13) and seventeen (17) years of age.

 

 

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 928 (January 23, 2004); as amended by Final Rulemaking published at 51 DCR 11591 (December 24, 2004); as amended by Final Rulemaking published at 52 DCR 6646 (July 15, 2005); as amended by Final Rulemaking published at 55 DCR 724 (January 25, 2008); as amended by Final Rulemaking at 58 DCR 531 (January 21, 2011); as amended by Final Rulemaking published at 62 DCR 13820 (October 23, 2015).