Code of the District of Columbia

§ 1–620.32. Employee testing.

*NOTE: This section includes amendments by temporary legislation that will expire on May 5, 2022. To view the text of this section after the expiration of all emergency and temporary legislation affecting this section, click this link: Permanent Version.*

(a) The following individuals shall be tested by the District government for drug and alcohol use:

(1) Applicants for employment in positions designated as safety-sensitive;

(2) Those District employees who have had a reasonable suspicion referral; and

(3) Post-accident District employees, as soon as reasonably possible after the accident.

(b) The District shall subject District employees in positions designated as safety-sensitive to random testing, unless a District agency has additional requirements for drug and alcohol testing of its employees, in which case the stricter requirements shall apply.

(c) Supervisors shall be trained in substance abuse recognition and shall receive a second opinion from another supervisor prior to making a reasonable suspicion referral.

(d) District employees shall be given written notice that the District is implementing a drug and alcohol testing program at least 30 days in advance of implementation of the program. Upon receipt of a written notice of the program, each employee shall be given one opportunity to seek treatment, if he or she has a drug or alcohol problem.

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

(f) Following the issuance of the 30-day written notice required by subsection (d) of this section, the Mayor shall procure a testing vendor and testing shall be implemented as described in this subchapter.

(g) Notwithstanding § 1-620.35(a), this subchapter shall comply with the requirements of subchapter XX-E of this chapter for employees who are qualifying patients.

(h) A volunteer at a District of Columbia Public School shall not be tested for drug and alcohol use; except, that a volunteer at a District of Columbia Public School may be tested for drug and alcohol use based on reasonable suspicion.