§ 24–211.23. Testing methodology.

(a) Testing shall be performed by an outside contractor. The contractor shall be a laboratory certified by the United States Department of Health and Human Services (“HHS”) to perform job related drug and alcohol forensic testing.

(b) For random testing, the contractor shall come on-site to the Department’s institutions and shall collect urine specimens and split the samples. The contractor shall perform enzyme-multiplied-immunoassay technique (“EMIT”) testing on one sample and store the split sample. Any positive EMIT test shall then be confirmed by the contractor using gas chromatography/mass spectrometry (“GCMS”) methodology.

(c) Any Department employee found to have a confirmed positive urinalysis shall be notified of the result. The employee may then authorize that the stored sample be sent to another HHS certified laboratory of the employee's choice, at the employee's expense, for secondary GCMS confirmation.

(d) Reasonable suspicion and post-accident employee testing shall follow the same procedures set forth in subsections (a) through (c) of this section. In such cases, the employee shall be escorted by a supervisor to the contractor’s test site for specimen collection or a breathalyzer.

(e) Any Department employee who operates a motor vehicle in the District of Columbia shall be deemed to have given the employee's consent, subject to conditions in this subchapter, to the testing of the person’s urine or breath for the purpose of determining drug or alcohol content whenever a supervisor has reasonable suspicion or a police officer arrests such person for a violation of the law and has reasonable grounds to believe such person was operating or in physical control of a motor vehicle within the District while that person was intoxicated as defined by § 50-2206.01(9), while under the influence of an intoxicating liquor or any drug or any combination thereof, or while the ability to operate a motor vehicle was impaired by the consumption of an intoxicating beverage.

(f) A breathalyzer shall be deemed positive by the Department’s testing contractor if the contractor determines that the alcohol concentration of the employee’s breath meets the definition of intoxicated as defined by § 50-2206.01(9). A positive breathalyzer test shall be grounds for termination of employment in accordance with subchapter I of Chapter 6 of Title 1.

(Sept. 20, 1996, D.C. Law 11-158, § 4, 43 DCR 3702; Apr. 13, 1999, D.C. Law 12-227, § 3, 46 DCR 502; Mar. 2, 2007, D.C. Law 16-195, § 5, 53 DCR 8675; Apr. 27, 2013, D.C. Law 19-266, § 305, 59 DCR 12957; Apr. 21, 2023, D.C. Law 24-344, § 11(b), 70 DCR 635.)

Prior Codifications

1981 Ed., § 24-448.3.

Effect of Amendments

D.C. Law 16-195, in subsec. (e), substituted “alcohol concentration was 0.08 grams or more per 210 liters of breath” for “breath contained .08% or more, by weight, of alcohol”; and, in subsec. (f), substituted “210 liters of the employee’s breath contains 0.08 grams or more of alcohol” for “1 milliliter of the employee’s breath (consisting of substantially alveolar air) contains .38 micrograms or more of alcohol”.

The 2013 amendment by D.C. Law 19-266 substituted “person was intoxicated as defined by § 50-2206.01(9)” for “person’s alcohol concentration was 0.08 grams or more per 210 liters of breath” in (e); and substituted “the alcohol concentration of the employee’s breath meets the definition of intoxicated as defined by § 50-2206.01(9)” for “210 liters of the employee’s breath contains 0.08 grams or more of alcohol” in (f).

Emergency Legislation

For temporary addition of subchapter, see note to § 24-211.21.

For temporary amendment of section, see § 3 of the Department of Human Services and Commission on Mental Health Services Mandatory Employee Drug and Alcohol Testing and Department of Corrections Conforming Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-599, January 20, 1999, 46 DCR 1147).

For temporary (90 day) amendment of section, see § 4(b) of Anti-Drunk Driving Clarification Emergency Amendment Act of 2006 (D.C. Act 16-469, July 31, 2006, 53 DCR 6764).

For temporary (90 day) amendment of section, see § 5 of Anti-Drunk Driving Clarification Second Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-518, October 27, 2006, 53 DCR 9104).

For temporary (90 day) amendment of section, see § 5 of Anti-Drunk Driving Clarification Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-6, January 16, 2007, 54 DCR 1452).

For temporary amendment of (e) and (f), see § 305 of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Amendment Act of 2012 (D.C Act 19-508, October 26, 2012, 59 DCR 13325).

For temporary (90 days) amendment of this section, see § 305 of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

For temporary (90 days) amendment of this section, see § 305 of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).

Temporary Legislation

Temporary addition of subchapter: See Historical and Statutory Notes following § 24-211.21.