§ 1–620.32. Employee testing.

(a) The following individuals shall be tested by the District government for drug and alcohol use:

(1) Applicants for employment in positions designated as safety-sensitive;

(2) Those District employees who have had a reasonable suspicion referral; and

(3) Post-accident District employees, as soon as reasonably possible after the accident.

(b) The District shall subject District employees in positions designated as safety-sensitive to random testing, unless a District agency has additional requirements for drug and alcohol testing of its employees, in which case the stricter requirements shall apply.

(c) Supervisors shall be trained in substance abuse recognition and shall receive a second opinion from another supervisor prior to making a reasonable suspicion referral.

(d) District employees shall be given written notice that the District is implementing a drug and alcohol testing program at least 30 days in advance of implementation of the program. Upon receipt of a written notice of the program, each employee shall be given one opportunity to seek treatment, if he or she has a drug or alcohol problem.

(e) No employee may be tested under this subchapter for drug or alcohol use prior to receiving the notice required by subsection (d) of this section.

(f) Following the issuance of the 30-day written notice required by subsection (d) of this section, the Mayor shall procure a testing vendor and testing shall be implemented as described in this subchapter.

(g) Notwithstanding § 1-620.35(a), this subchapter shall comply with the requirements of subchapter XX-E of this chapter for employees who are qualifying patients.

(Mar. 3, 1979, D.C. Law 2-139, § 2032; as added Apr. 13, 2005, D.C. Law 15-353, § 102, 52 DCR 2331; Apr. 27, 2021, D.C. Law 23-276, § 2(j), 68 DCR 00048; Oct. 22, 2022, D.C. Law 24-190, § 301(d), 69 DCR 008849.)

Section References

This section is referenced in § 1-620.35.

Applicability

Applicability of D.C. Law 24-190: § 401(a)(2) of D.C. Law 24-190 provided that the change made to this section by § 301(d) of D.C. Law 24-190 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(b) of DCPS Drug Testing Clarification Emergency Amendment Act of 2021 (D.C. Act 24-114, July 15, 2021, 68 DCR 006940).

For temporary (90 days) amendment of this section, see § 2(c) of Medical Marijuana Program Patient Employment Protection Emergency Amendment Act of 2021 (D.C. Act 24-72, May 4, 2021, 68 DCR 004925).

For temporary (90 days) amendment of this section, see § 2(c) of Medical Marijuana Program Patient Employment Protection Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-339, July 27, 2020, 67 DCR 9352).

For temporary (90 days) amendment of this section, see § 2(c) of Medical Marijuana Program Patient Employment Protection Emergency Amendment Act of 2020 (D.C. Act 23-327, June 8, 2020, 67 DCR 7595).

For temporary (90 days) amendment of this section, see § 2(c) of Medical Marijuana Program Patient Employment Protection Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-125, Oct. 7, 2019, 66 DCR 13158).

For temporary (90 days) amendment of this section, see § 2(c) of Medical Marijuana Program Patient Employment Protection Emergency Amendment Act of 2019 (D.C. Act 23-77, July 8, 2019, 66 DCR 8089).

For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2002 (D.C. Act 14-310, March 26, 2002, 49 DCR 3420).

For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2003 (D.C. Act 15-3, January 22, 2003, 50 DCR 1426).

For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-71, April 16, 2003, 50 DCR 3593).

For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Second Emergency Amendment Act of 2003 (D.C. Act 15-279, December 18, 2003, 51 DCR 60).

For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-407, March 18, 2004, 51 DCR 3659).

For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2004 (D.C. Act 15-630, November 30, 2004, 52 DCR 1143).

For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-30, February 17, 2005, 52 DCR 2993).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2(b) of DCPS Drug Testing Clarification Temporary Amendment Act of 2021 (D.C. Law 24-37, Sept. 22, 2021, 68 DCR 007339).

For temporary (225 days) amendment of this section, see § 2(c) of Medical Marijuana Program Patient Employment Protection Temporary Amendment Act of 2020 (D.C. Law 23-128, Aug. 27, 2020, 67 DCR 8619).

For temporary (225 days) amendment of this section, see § 2(c) of Medical Marijuana Program Patient Employment Protection Temporary Amendment Act of 2019 (D.C. Law 23-26, Oct. 24, 2019, 66 DCR 12086).

For temporary (225 day) addition of section, see § 102 of the Child and Youth, Safety and Health Omnibus Temporary Amendment Act of 2002 (D.C. Law 14-164, June 25, 2002, law notification 49 DCR 6500).

For temporary (225 day) addition of section, see § 102 of the Child and Youth, Safety and Health Omnibus Temporary Amendment Act of 2003 (D.C. Law 15-2, May 3, 2003, law notification 50 DCR 3782).

For temporary (225 day) addition of section, see § 102 of the Child and Youth, Safety and Health Omnibus Temporary Amendment Act of 2004 (D.C. Law 15-117, March 30, 2004, law notification 51 DCR 3804).

For temporary (225 day) addition of section, see § 102 of the Child and Youth, Safety and Health Omnibus Second Temporary Amendment Act of 2004 (D.C. Law 15-319, on April 8, 2005, law notification 52 DCR 4708).