426.1 Each appointee or employee in a covered position shall be provided a copy of the District's drug and alcohol policy, and any additional requirements imposed by his or her respective agency. The policy shall state at a minimum the following:

1. (a) The circumstances under which an appointee or employee will be tested;
2. (b) The basic methodology to be used for testing; and
3. (c) The consequences of a positive test result.

426.2 Each appointee or employee in a covered position shall sign an acknowledgement that he or she received the written policy as specified in § 426.1. A legal guardian's signature is needed if the appointee or employee is under eighteen (18) years of age.

426.3 As a condition of employment, each appointee or employee in a safety sensitive position subject to random drug and alcohol testing shall execute consent to the testing required by this chapter or face immediate separation from the District government.

426.4 Whenever an employee occupies a position that becomes designated as safety sensitive, he or she may self-report any existing drug or alcohol usage to his or her agency within thirty (30) days of the change in designation. The employee shall:

1. (a) Be permitted to engage in any needed counseling or rehabilitation program(s), without being subject to adverse or other administrative actions;
2. (b) Be detailed, as agency operational needs permit, to a position that is not safety or protection sensitive while undergoing the treatment; and
3. (c) Be returned to a safety or protection sensitive position upon successful completion of treatment, a negative test result, and fitness for duty examination, as applicable.

426.5 Volunteers are subject to reasonable suspicion, post-accident, and post-incident drug and alcohol screenings. Volunteers are not subject to pre-employment or random drug and alcohol testing, unless such testing is otherwise required by federal law.

426.6 Employees subject to random drug and alcohol testing shall be provided a notice stating that their position is safety sensitive and that they are subject to random drug and alcohol testing, including for the presence of cannabis.

(a) Agencies shall provide the notice to each safety sensitive employee at least once a year.

(b) Employees shall acknowledge receipt of each notice.

(c) Failure on the part of an agency to provide the annual notice required by paragraph (a) shall not (i) invalidate a positive drug or alcohol test result if the agency can establish that the employee had actual, prior notice of the applicable drug and alcohol testing policy, or (ii) preclude an agency from taking any action required under federal law after a positive drug or alcohol test result.

(d) The personnel authority may waive the annual notification requirement for an agency based on a supported showing of significant operational hardship.

426.7 Agencies shall provide all employees holding positions newly designated as safety sensitive with written notice of the change in position designation at least thirty (30) days before the effective date of the new designation. Notice shall include proper notice to the employee that they may appeal their designation as provided in § 409.4 and of their right to request a reasonable accommodation. Agencies shall also provide written notice to all employees hired into a position designated as safety sensitive outlining their rights to appeal the designation and to request a reasonable accommodation.

SOURCE: Final Rulemaking at 58 DCR 531 (January 21, 2011); as amended by Final Rulemaking published at 62 DCR 13820 (October 23, 2015); as amended by Final Rulemaking 65 DCR 12445 (November 9, 2018); as amended by Final Rulemaking published at 67 DCR 10946 (September 11, 2020); as amended by Final Rulemaking published at 69 DCR 014273 (November 18, 2022).