1. (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.
2. (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.
3. (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.
4. (d) Notwithstanding § 1-620.22(f) and the second and third sentences of subsection (a) of this section, this subchapter shall comply with the requirements of subchapter XX-E of this chapter for employees who are qualifying patients.

History

Mar. 3, 1979, D.C. Law 2-139, § 2025

as added Apr. 13, 1999, D.C. Law 12-227, § 2, 46 DCR 502

Dec. 18, 2001, D.C. Law 14-56, § 116(a)(7), 48 DCR 7674

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

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

Editor's Notes

Temporary addition of subchapter: See Historical and Statutory Notes following § 1-620.21.

Emergency Legislation

For temporary (90 day) amendment of section, see § 116(a)(7) of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947).

For temporary (90 day) amendment of section, see § 16(a)(7) of Department of Mental Health Establishment Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-101, July 23, 2001, 48 DCR 7123).

For temporary (90 day) amendment of section, see § 16(a)(7) of Department of Mental Health Establishment Emergency Amendment Act of 2001 (D.C. Act 14-55, May 2, 2001, 48 DCR 4390).

For temporary addition of subchapter, see note to § 1-620.21.

For temporary (90 days) amendment of this section, see § 2(b) 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(b) 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(b) 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(b) 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(b) 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) amendment of section, see § 16(a)(7) of Department of Mental Health Establishment Temporary Amendment Act of 2001 (D.C. Law 14-51, October 30, 2001, law notification 48 DCR 10807).

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

Effect of Amendments

D.C. Law 14-56 rewrote subsec. (b) which had read as follows: “(b) The program shall cover all Department and Commission employees, including management, and shall be implemented as a single program of the Department and a single program of the Commission.”

Prior Codifications

1981 Ed., § 1-621.65.

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(c) 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.