§ 1–620.23. Testing methodology.
(a) Testing shall be performed by an outside contractor. The contractor shall be certified by the United States Department of Health and Human Services (“HHS”) to perform job related drug and alcohol forensic testing.
(b)(1) For random testing, the contractor shall come on-site to Department of Mental Health or Department of Human Services institutions.
(2) The contractor shall collect urine specimens and split the samples.
(c) The contractor shall perform enzyme-multiplied-immunoassay technique (“EMIT”) testing on one sample and store the other sample. Any positive EMIT test shall be confirmed by the contractor using gas chromatography/mass spectrometry (“GCMS”) methodology.
(d) Any Department of Mental Health or Department of Human Services employee found to have a confirmed positive urinalysis shall be notified of the result. The employee may then authorize the stored sample to be sent to another HHS certified laboratory of his or her choice, at his or her expense, for secondary GCMS confirmation.
(e) Probable cause and post-accident testing shall follow the same procedures set forth in subsections (a) through (d) of this section. In such cases, the employee shall be escorted by a supervisor to the contractor’s test site for specimen collection or breathalyzer.
(f) A breathalyzer shall be deemed positive by the Department of Mental Health’s or Department of Human Services’ testing contractor if the contractor determines that 1 milliliter of the employee’s breath (consisting of substantially alveolar air) contains .38 micrograms or more of alcohol.