433.1 All District employees shall be subject to post-accident and incident drug and alcohol testing when they are involved in accidents or incidents under the following conditions:

1. (a) The employee is involved in an on-the-job accident or incident that results in injury or loss of human life;
2. (b) One (1) or more motor vehicle(s) (either District government or private) incurs disabling damage, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle;
3. (c) Anyone receives bodily injury which requires immediate medical attention away from the scene;
4. (d) The employee operating a government vehicle or equipment receives a citation under District of Columbia or another law for a moving traffic violation arising from the incident;
5. (e) There are reasonable grounds to believe the employee has been operating or in physical control of a motor vehicle within the District of Columbia while that employee's breath has an alcohol content above the limits described in §427.8, or while under the influence of an intoxicating liquor or any drug or combination thereof;
6. (f) The actions of the employee cannot reasonably be discounted as a contributing factor, using the best information available at the time of the decision; or
7. (g) The employee is involved in an on-the-job accident or incident that seriously damages machinery, equipment, or other property.

433.2 Following an accident or incident that requires drug and alcohol testing pursuant to § 433.1, if feasible, at least one (1) supervisor trained in reasonable suspicion observations shall conduct an observation to evaluate whether there is evidence suggesting that the employee is impaired or otherwise under the influence of a drug or alcohol. If there is no evidence that the employee is impaired or under the influence, the supervisor shall report that there is an absence of such evidence and the report may be used by the employee as evidence to rebut a claim the employee was impaired.

433.3 Post-accident and incident drug and alcohol tests shall be conducted consistent

with §§ 425 through 427.

SOURCE: Final Rulemaking published at 62 DCR 13820 (October 23, 2015); as amended by Final Rulemaking published at 67 DCR 10946 (September 11, 2020).