428.1 Unless otherwise required by law, and notwithstanding § 400.4, an employee shall be deemed unsuitable and there shall be cause to separate an employee from a covered position as described in §§ 436.9 and 440.3 for:

(a) A positive drug or alcohol test result (except as otherwise provided in § 429);

(b) A failure to submit to or otherwise cooperate with drug or alcohol testing; or

(c) In the case of an employee who acknowledged a drug or alcohol problem as specified in § 426.4, failure to complete a counseling or rehabilitation program(s) or failing a return-to-duty drug or alcohol test.

428.2 The program administrator shall rescind a conditional offer or decline to make a final offer of employment to an appointee subject to pre-employment testing if he or she:

(a) Fails or otherwise refuses to submit to a required drug or alcohol test;

(b) Fails or otherwise refuses to follow instructions given during a required drug or alcohol test; or

(c) Except as otherwise provided in § 430, has a positive drug or alcohol test result.

SOURCE: 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).