D.C. Mun. Regs. tit. 6, r. 6-B436

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

Rule 6-B436 - SUITABILITY DETERMINATIONS

436.1

The information contained in this section shall only apply to enhanced suitability screenings.

436.2

The program administrator shall establish and maintain written suitability assessment determinations for enhanced suitability screenings.

436.3

The program administrator shall make a suitability determination within fifteen (15) days after receiving all enhanced suitability screening information necessary to make the determination.

436.4

The final suitability determination shall establish:

(a) For appointees, if a conditional offer of employment should be withdrawn;

(b) For volunteers, if the individual is suitable to provide voluntary services; and

(c) For employees, if the individual may be retained in their position of record.

436.5

For appointees to and employees in safety sensitive positions at a covered child or youth services provider, as defined by D.C. Official Code § 4-1501.02(3) (2019 Repl.), the final suitability determination shall establish whether the appointee or employee presents a present danger to children or youth.

436.6

Except as otherwise provided in §§ 429 and 430, and in accordance with § 428,a positive drug or alcohol test shall render an individual unsuitable for District employment and constitute cause under Chapter 16 for corrective and adverse action.

436.7

The program administrator shall notify the employing agency of the final suitability determination.

436.8

If an appointee is deemed unsuitable based on an enhanced suitability screening, any conditional employment offer shall be withdrawn and he or she shall be notified of the final suitability determination.

436.9

If an employee is deemed unsuitable, the personnel authority may terminate his or her employment pursuant to the appropriate adverse action procedure as specified in this subtitle or any applicable collective bargaining agreement. Instead of terminating the employee, the personnel authority may reassign the employee to a position for which he or she is qualified and suitable.

(a) Termination actions taken pursuant to this subsection may be taken on a summary basis pursuant to § 1616.

(b) For purposes of this subsection, and notwithstanding § 1616.3, the personnel authority may approve summary removals.

436.10

If a volunteer is deemed unsuitable for voluntary service, the voluntary service process shall be terminated and he or she shall be notified of the suitability determination.

436.11

Post-accident and incident drug or alcohol testing results shall be provided to the Chief Risk Officer, Office of Risk Management, for purposes of the Public Sector Workers' Compensation Program, upon request.

436.12

Neither an agency nor the program administrator shall deem an appointee or employee unsuitable solely due to his or her participation in a medical cannabis program pursuant to a state or local law(s).

D.C. Mun. Regs. tit. 6, r. 6-B436

Final Rulemaking published at 62 DCR 13820 (10/23/2015); amended by Final Rulemaking published at 65 DCR 12445 (11/9/2018); renumbered from 435 by Final Rulemaking published at 67 DCR 10946 (9/11/2020)