D.C. Mun. Regs. tit. 6, r. 6-B427

Current through Register Vol. 71, No. 44, November 1, 2024

Rule 6-B427 - DRUG AND ALCOHOL TESTING- TESTING METHODOLOGY

427.1

The vendor(s) selected to conduct the testing shall conduct the alcohol and drug testing at a location designated by the program administrator for such purposes.

427.2

In general, testing for drugs shall be conducted by urine sample from the individual being tested.

427.3

Testing for alcohol shall be conducted using an evidentiary breath-testing device or EBT, commonly referred to as a "breathalyzer."

427.4

In the case of drug testing, the vendor(s) shall split each sample and ensure that the laboratory performs anenzyme-multiplied-immunoassay technique (EMIT) test on one (1) sample and store the split of that sample. A positive EMIT test shall be confirmed by the vendor(s) using the gas chromatography/mass spectrometry (GCMS) methodology.

427.5

The personnel authority shall notify, in writing, any appointee or employee found to have a confirmed positive drug test result. The appointee or employee may then authorize that the stored sample be sent to another HHS-certified laboratory of his or her choice, at his or her expense, for a confirmation using the GCMS testing methodology.

427.6

All drug and alcohol testing shall follow the same procedures set forth in this section. In the case of a reasonable suspicion referral or a post-accident and incident test, the agency shall escort the employee to the designated test site for specimen collection as needed.

427.7

In the event that an individual requires medical care following an accident or incident, medical care shall not be delayed for the purpose of testing. In such cases, drug and alcohol testing may be conducted by a blood test.

427.8

A blood, breath, or urine test for alcoholconducted in accordance with this section shall be deemed positive if the test yields a result that the appointee's or employee's alcohol content was either .04 grams or more per 210 liters of breath, .04 grams or more per 100 milliliters of blood, or .05 grams or more per 100 milliliters of urine.

427.9

Except as may otherwise be required by law following an accident or incident, the personnel authority may not require blood tests fordrug or alcohol tests.

D.C. Mun. Regs. tit. 6, r. 6-B427

Notice of Emergency and Proposed Rulemaking published at 57 DCR 8835 (September 24, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 58 DCR 531, 551 (January 21, 2011); amended by Final Rulemaking published at 62 DCR 13820 (10/23/2015); amended by Final Rulemaking published at 67 DCR 10946 (9/11/2020)

Authority: The Interim Director of the D.C. Department of Human Resources, pursuant to Mayor's Order 2007-95, dated April 18, 2007; Mayor's Order 2008-92, dated June 26, 2008, and with the concurrence of the City Administrator; Mayor's Order 2009-166, dated September 28, 2009; and in accordance with the provisions of Criminal Background Checks for the Protection of Children Act of 2004, effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code §§ 4-1501.01, et seq.) (2008 Repl.), as amended by section 204 of the Omnibus Public Safety Amendment Act of 2006, effective April 24, 2007 (D.C. Law 16-306; D.C. Official Code § 4-1501.05) (hereinafter jointly referred to as the Act).