D.C. Mun. Regs. tit. 6, r. 6-B406

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 6-B406 - ENHANCED SUITABILITY SCREENING - GENERAL PROVISIONS
406.1

In addition to a general suitability screening, appointees, volunteers, and employees shall be subject to one (1) or more of the following enhanced suitability screenings, as dictated by the applicable position:

(a) Pre-employment criminal background check;
(b) Periodic criminal background checks;
(c) Traffic record check;
(d) Consumer credit check;
(e) Pre-employment drug and alcohol test;
(f) Reasonable suspicion drug and alcohol test;
(g) Random drug and alcohol test;
(h) Post-accident or post-incident drug and alcohol test; or
(i) Return-to-duty and follow-up drug and alcohol test.
406.2

Agencies under the personnel authority of the Mayor shall conform to the standards and procedures established in this chapter for screenings.

406.3

No individual may work in a safety sensitive position until the completion of a negative drug test.

406.4

If an existing, filled position is newly designated as a covered position, the personnel authority shall notify the incumbent that he or she shall be subject to enhanced suitability screening under this chapter prior to conducting any such screening.

406.5

The Director of the DCHR (or his or her designee) shall publish in the Electronic-District Personnel Manual (or any other electronic procedural manual or manuals developed) positions in subordinate agencies subject to enhanced suitability screening pursuant to this chapter.

406.6

The position description of a position subject to enhanced suitability screening pursuant to §409 shall include the enhanced suitability screening designation category (safety, protection, or security sensitive), a brief explanation of the duties and responsibilities supporting the designation, and a statement explaining the enhanced suitability screenings required for the position.

406.7

Agencies subordinate to the Mayor and independent agencies that are subject to these regulations shall cover the full administrative costs of the enhanced suitability screenings listed in Subsection 406.1 of this chapter.

406.8

Employees shall not be responsible for the cost of any enhanced suitability screening requirements. Employees shall only be required to participate in suitability assessment activities while on-duty and in a pay status.

406.9

Unless otherwise provided pursuant to law or regulation, when an appointee is disqualified under the provisions of this chapter, the program administrator, at its discretion, may continue to rely on that determination with regard to subsequent applications for substantially similar positions with the same enhanced suitability requirements, for a period of not more than one (1) year from the date of the disqualification determination, after which a new suitability screening shall be required.

406.10

Upon expiration of the one (1) year period under Subsection 406.9, a new suitability screening shall be conducted and a re-determination made before the individual may be appointed.

406.11

Employees separated under Subsection 428.1 and appointees denied continued employment under Subsection 428.2 shall not be eligible for employment in a substantially similar safety sensitive or protection sensitive position for a period of one (1) year from the date of his or her removal or disqualification.

D.C. Mun. Regs. tit. 6, r. 6-B406

As amended by Final Rulemaking published at 51 DCR 11591 (December 24, 2004); as amended by Final Rulemaking published at 56 DCR 4346 (June 5, 2009); amended by Final Rulemaking published at 62 DCR 13820 (10/23/2015); amended by Final Rulemaking published at 65 DCR 12445 (11/9/2018); amended by Final Rulemaking published at 69 DCR 14273 (11/18/2022)
Authority: D.C. Department of Human Resources, with the concurrence of the City Administrator, pursuant to Mayor's Order 2008-92, dated June 26, 2008 and Mayor's Order 2007-95, dated April 18, 2007, and in accordance with the provisions of Title II of the Child and Youth, Safety and Health Omnibus Amendment Act of 2004 (Act), effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code § 4-1501.01 et seq.) (2008 Repl.)