Code of the District of Columbia

§ 1–620.22. Employee testing.

(a) The following Department of Mental Health and Department of Human Services employees and prospective employees shall be tested for drug and alcohol use:

(1) Applicants for positions that would qualify them as high potential risk employees;

(2) Employees who have had a probable cause referral;

(3) Post-accident employees, as soon as reasonably possible after an accident; and

(4) High potential risk employees.

(b) Only high potential risk employees shall be subject to random testing.

(c) All employees of the Department of Mental Health and Department of Human Services shall be given written notice, issued at least 30 days before the implementation of a drug and alcohol testing program, that the Department of Mental Health and Department of Human Services will implement a drug and alcohol testing program.

(d) No employee may be tested for drug or alcohol use prior to receiving the notice required by subsection (c) of this section.

(e) Conditions giving rise to probable cause must be observed and documented. Supervisors shall be trained in substance abuse recognition and shall receive a second opinion from another supervisor prior to making a probable cause referral.

(f) An employee shall be given one opportunity to seek treatment following a positive test result.

(g) The Department of Mental Health and the Department of Human Services shall procure the services of a contractor to perform the tests required by this subchapter.

(h) All testing conducted by a vendor shall be implemented pursuant to this subchapter.


(Mar. 3, 1979, D.C. Law 2-139, § 2022; as added Apr. 13, 1999, D.C. Law 12-227, § 2, 46 DCR 502; Dec. 18, 2001, D.C. Law 14-56, § 116(a)(4), 48 DCR 7674.)

Prior Codifications

1981 Ed., § 1-621.62.

Section References

This section is referenced in § 2-1515.05.

Effect of Amendments

D.C. Law 14-56, in subsecs. (a) and (c), substituted “Department of Mental Health and Department of Human Services” for “Department and Commission” wherever it appeared; and, in subsec. (g), substituted “Department of Mental Health and the Department of Human Services” for “Department and the Commission” wherever it appeared.

Emergency Legislation

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

For temporary (90 day) amendment of section, see § 16(a)(4) of Department of Mental Health Establishment Emergency Amendment Act of 2001 (D.C. Act 14-55, May 2, 2001, 48 DCR 4390).

For temporary (90 day) amendment of section, see § 16(a)(4) 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 § 116(a)(4) of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947).

Temporary Legislation

For temporary (225 day) amendment of section, see § 16(a)(4) of Department of Mental Health Establishment Temporary Amendment Act of 2001 (D.C. Law 14-51, October 30, 2001, law notification 48 DCR 10807).

Editor's Notes

Temporary addition of subchapter: See Historical and Statutory Notes following § 1-621.61.