Subchapter XX-B. Mandatory Drug and Alcohol Testing of Certain Employees of the Department of Human Services and the Commission on Mental Health Services.
Subchapter XX-B. Mandatory Drug and Alcohol Testing of Certain Employees of the Department of Human Services and the Commission on Mental Health Services.
§ 1–620.21. Definitions.
For the purposes of this subchapter, the term:
(1) “Applicant” means a person who has filed a written employment application form to work for the Department of Human Services or the Department of Mental Health or has been tentatively selected for employment by either the Department of Human Services or the Department of Mental Health to work as a high potential risk employee.
(2) Repealed.
(3) Repealed.
(4) “High potential risk employee” means any Department of Mental Health or Department of Human Services employee who has resident care or custody responsibilities in a secured facility or who works in a residential facility.
(5) “Post-accident employee” means any Department of Mental Health or Department of Human Services employee who, while on duty, was involved in a vehicular or other type of accident resulting in personal injury or property damage, or both.
(6) “Probable cause” means a reasonable belief by a supervisor that an employee is under the influence of an illegal substance or alcohol such that the employee’s ability to perform his or her job is impaired.
(7) “Probable cause referral” means a referral, based on probable cause, for testing by the Department of Human Services or the Department of Mental Health for drug or alcohol use.
(8) “Random testing” means drug or alcohol testing taken by a Department of Mental Health or Department of Human Services employee at an unspecified time for the purposes of determining whether any Department of Mental Health or Department of Human Services employee has used drugs or alcohol and as a result is unable to satisfactorily perform his or her employment duties.
(9) “Residential facility” means a facility that provides a supervised and sheltered living environment for individuals who need such an environment because of their mental, familial, social, or other circumstances.
(10) “Secured facility” means a hospital or institution that is:
(A) Leased, or owned by the District government;
(B) Operated by the District government; and
(C) Equipped and qualified to provide in-resident or in-patient care to detained or committed youth or persons with mental illness.
§ 1–620.22. Employee testing.
(a) The following Department of Mental Health and Department of Human Services employees and prospective employees shall be tested for drug and alcohol use:
(1) Applicants for positions that would qualify them as high potential risk employees;
(2) Employees who have had a probable cause referral;
(3) Post-accident employees, as soon as reasonably possible after an accident; and
(4) High potential risk employees.
(b) Only high potential risk employees shall be subject to random testing.
(c) All employees of the Department of Mental Health and Department of Human Services shall be given written notice, issued at least 30 days before the implementation of a drug and alcohol testing program, that the Department of Mental Health and Department of Human Services will implement a drug and alcohol testing program.
(d) No employee may be tested for drug or alcohol use prior to receiving the notice required by subsection (c) of this section.
(e) Conditions giving rise to probable cause must be observed and documented. Supervisors shall be trained in substance abuse recognition and shall receive a second opinion from another supervisor prior to making a probable cause referral.
(f) An employee shall be given one opportunity to seek treatment following a positive test result.
(g) The Department of Mental Health and the Department of Human Services shall procure the services of a contractor to perform the tests required by this subchapter.
(h) All testing conducted by a vendor shall be implemented pursuant to this subchapter.
§ 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.
§ 1–620.24. Implied consent of employees who operate motor vehicles.
Any Department of Mental Health or Department of Human Services employee who operates a motor vehicle in the performance of his or her employment within the District of Columbia shall be deemed to have given his or her consent, subject to the provisions of this subchapter, to the testing of the employee’s urine or breath, for the purpose of determining drug or alcohol content, whenever a supervisor has the probable cause or a police officer arrests such employee for a violation of § 50-2201.05 or has reasonable grounds to believe such employee to have been operating or in physical control of a motor vehicle within the District while that employee is intoxicated as defined by § 50-2206.01(9), or while under the influence of an intoxicating liquor or any drug or any combination thereof, or while the employee’s ability to operate a motor vehicle was impaired by the consumption of intoxicating liquor.
§ 1–620.25. Procedure and employee impact.
(a) The drug and alcohol testing policy shall be issued in writing in advance of program implementation to inform employees and allow them the opportunity to seek treatment. An employee shall be allowed only one opportunity to seek treatment following his or her first positive test result. Thereafter, any confirmed positive drug test, or positive breathalyzer test, or a refusal to submit to a drug or breathalyzer test shall be grounds for termination of employment.
(b) The program shall cover all Department of Mental Health and Department of Human Services employees, including management, and shall be implemented as a single program of each Department.
(c) The results of any random test conducted pursuant to this subchapter may not be turned over to any law enforcement agency without the employee’s written consent.
