1. (a) In compliance with federal regulations issued pursuant to 49 U.S.C. § 31306 , the Mayor and each personnel authority shall adopt and administer a program for conducting pre-employment, reasonable suspicion, random, post-accident, return-to-duty, and follow-up testing of employees who are employed as drivers of commercial motor vehicles, or who are candidates for such employment, for the use of alcohol and controlled substances.
2. (b) To the extent permitted by federal law and regulations, programs adopted pursuant to subsection (a) of this section shall treat qualifying patients in compliance with subchapter XX-E of this chapter.

Construction of Law

Section 301 of D.C. Law 12-124 provided that nothing in the act shall be construed as superseding the provisions of the National Capital Revitalization and Self-Government Improvement Act of 1997, approved August 5, 1997 (Public Law 105-33; 111 Stat. 712), except that § 47-395.04(b)(3) is expressly superseded. Further, nothing in the act shall be construed as superseding the provisions of § 47-391.01 et seq. or of § 164 of the District of Columbia Appropriations Act, 1998, approved November 19, 1997 (Public Law 105-100; 111 Stat. 2160).

Construction of Law 12-124

History

Mar. 3, 1979, D.C. Law 2-139, § 2051

as added June 10, 1998, D.C. Law 12-124, § 101(v), 45 DCR 2464

Apr. 27, 2021, D.C. Law 23-276, § 2(g)

Oct. 22, 2022, D.C. Law 24-190, § 301(b)

Emergency Legislation

For temporary addition of this section, comprising subchapter XXI-A of Chapter 6 of Title 1, see § 2 of the Testing of District Government Drivers of Commercial Motor Vehicles for Alcohol and Controlled Substances Congressional Adjournment Emergency Amendment Act of 1997 (D.C. Act 12-13, March 3, 1997, 44 DCR 1747), § 2 of the Testing of District Government Drivers of Commercial Motor Vehicles for Alcohol and Controlled Substances Emergency Amendment Act of 1997 (D.C. Act 12-248, January 13, 1998, 45 DCR 770), and § 2 of the Testing of District Government Drivers of Commercial Motor Vehicles for Alcohol and Controlled Substances Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-294, February 27, 1998, 45 DCR 1762).

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

Temporary Legislation

For temporary (225 day) addition of section, see § 2 of the Testing of District Government Drivers of Commercial Motor Vehicles for Alcohol and Controlled Substances Temporary Amendment Act of 1998 (D.C. Law 12-96, April 30, 1998, law notification 45 DCR 2787).

For temporary (225 day) addition, see § 2 of the Testing of District Government Drivers of Commercial Motor Vehicles for Alcohol and Controlled Substances Temporary Amendment Act of 1996 (D.C. Law 11-204, April 9, 1997, law notification 44 DCR 2399).

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

Prior Codifications

1981 Ed., § 1-621.51.

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(b) 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.