D.C. Mun. Regs. tit. 6, r. 6-B432

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 6-B432 - REASONABLE SUSPICION DRUG AND ALCOHOL TESTING

432.1

All District employees, including employees in independent agencies, are subject to, and shall be referred by a trained supervisor or manager for, drug and alcohol testing when there is a reasonable suspicion that the employee, while on duty, is impaired or otherwise under the influence of a drug or alcohol.

432.2

Prior to contacting the appropriate personnel authority to make a referral under this section, the trained supervisor or manager shall:

(a) Have reasonable suspicion that the employee is under the influence of drugs, alcohol, or other substances to the extent that the employee's ability to perform his or her job is impaired; and

(b) Gather all information and facts to support this reasonable suspicion.

432.3

A reasonable suspicion referral shall be confirmed through a second opinion rendered by another trained supervisor or manager, if available.

432.4

A reasonable suspicion referral may be based on direct observation of drug use or possession, physical symptoms of being under the influence of drugs, symptoms suggesting alcohol intoxication, a pattern of erratic behavior, or any other reliable indicators.

432.5

Reasonable suspicion may be established if:

(a) The employee is witnessed or admits to using a drug or alcohol while on duty;

(b) The employee displays physical symptoms consistent with drug or alcohol usage;

(c) The employee engages in erratic or atypical behavior of a type that is consistent with drug or alcohol usage; or

(d) There are other articulable circumstances that would lead a reasonable person to believe that the employee is under the influence of a drug or alcohol.

432.6

Lawful enrollment in a medical marijuana program shall not be a basis for reasonable suspicion.

432.7

Only a trained supervisor or manager shall refer an employee for drug or alcohol testing.

432.8

Prior to making a referral, the trained supervisor or manager shall gather all information and facts that support the reasonable suspicion determination.

432.9

Reasonable suspicion referral testing shall be conducted in accordance with §§ 425 through 427.

D.C. Mun. Regs. tit. 6, r. 6-B432

Final Rulemaking published at 62 DCR 13820 (10/23/2015); renumbered from 431 by Final Rulemaking published at 67 DCR 10946 (9/11/2020)