3903.1 Upon consulting with the head of a District government agency with safety-sensitive positions, the appropriate personnel authority shall identify and determine which positions in the agency shall be designated safety-sensitive positions subject to mandatory drug and alcohol testing under the Program. In identifying the safety-sensitive positions, the personnel authority shall ensure that the duties and responsibilities of each position require the provision of services that affect the health, safety, and welfare of children or youth or services for the benefit of children or youth, including but not limited to at least one (1) of the following duties and responsibilities:

1. (a) Childcare duties;
2. (b) Recreational activities;
3. (c) Delinquency prevention and control services, including custody, security, supervision, and residential and community support services for committed and detained juvenile offenders;
4. (d) Educational activities;
5. (e) Individual counseling;
6. (f) Group counseling;
7. (g) Assessment, case management, and support services;
8. (h) Psychiatric and psychological assessment services;
9. (i) Developmental, speech, and language evaluation services;
10. (j) Diagnostic evaluation and treatment services;
11. (k) Childhood development services;
12. (l) Medical or clinical services;
13. (m) Therapeutic services, including individual and group therapy, and play therapy;
14. (n) Prevention and intervention services;
15. (o) Mentoring services;
16. (q) Youth care services;
17. (p) Healthcare services, including medical, behavioral, mental health, dental, vision, nutrition, or developmental services;
18. (r) Cultural enrichment services;
19. (s) Public safety services, including counseling or education intervention services about safety, crime prevention, fire safety, or youth problem-solving;

(t) Youth employment services; or

(u) Driving a motor vehicle to transport children or youth.

3903.2 The following standards shall be applied in designating a position as safety-sensitive:

(a) The underlying guiding standard to be applied in identifying safety-sensitive positions shall be one of reasonableness, coupled with the standards outlined in section 3903.2 (b) through (f) of this section, as applicable.

(b) A determination that a position is a safety-sensitive position shall be based on a comprehensive analysis of the position description or statement of duties, as applicable. The purpose of the analysis shall be to determine if the position description or statement of duties contains at least one (1) of the duties and responsibilities listed in section 3903.1 of this section or similar duties and responsibilities and that any incumbent of the position will perform the duties and responsibilities personally and routinely.

(c) Location in a District government agency with safety-sensitive positions does not automatically make a position or its incumbent subject to testing under the Program.

(d) Strictly tangential, casual, or occasional contact with children or youth does not automatically make an employee subject to testing under the Program.

(e) Administrative, clerical, or technical support positions and staff within the immediate office of the head of a District government agency with safety-sensitive positions, and other components, units, or divisions of the agency that provide non-operational support services shall not be subject to testing under the Program unless the position descriptions or statements of duties, as applicable, contain at least one (1) of the duties and responsibilities listed in section 3903.1 of this section, or similar duties and responsibilities related to the direct provision of services to children or youth, and a determination is made that any incumbents of the positions will perform the duties and responsibilities personally and routinely.

(f) An employee whose assignment changes from non-covered duties and responsibilities to covered duties and responsibilities shall be subject to testing under the Program while in the covered temporary assignment.