D.C. Mun. Regs. tit. 6, r. 6-B499
When used in this chapter, the following meanings apply:
Administrative action - official reprimands, suspensions, reductions in grade, or removals under the corrective and adverse action provisions for the Career Service contained in Chapter 16 of Subtitle B, Title 6 of these regulations; and other similar penalties, up to and including removal, for employees in services other than the Career Service.
Agency - any unit of the District of Columbia government, excluding the courts, required by law, by the Mayor of the District of Columbia, or by the Council of the District of Columbia to administer any law, rule, or regulation adopted under authority of law. The term agency shall also include any unit of the District of Columbia government created by the reorganization of one (1) or more units of an agency and any unit of the District of Columbia government created or organized by the Council of the District of Columbia as an agency.
Alcohol - for the purposes of Sections 425 through 434 , the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols in methyl and is opropyl alcohol, regardless of its packaging form, storage, or utilization.
Applicant - an individual who has filed a résumé or electronic (web-based) application for employment in the District government.
Appointee - a person who has been made a conditional job offer to a position, compensated or voluntary, subject to the satisfactory completion of a general or enhanced suitability screening.
Cannabis- a substance, also known as "marijuana," derived from the cannabis plant and consumed for recreational or medicinal purposes and containing more than 0.03% of the psychoactive chemical delta-9-tetrahydrocannabinol (THC).
Child - an individual twelve (12) years of age and under.
Covered position - for the purposes of Sections 406 through 440 , a position, compensated or voluntary, that is designated as safety, protection, or security sensitive position.
Days - calendar days, unless otherwise indicated.
Derogatory information - any information that detracts from the character or standing of the individual for the position which he or she occupies or for which he or she has applied.
Drug - a drug for which tests are required under 49 C.F.R. part 40 , such as cannabis, cocaine, amphetamines, phencyclidine (PCP), and opiates.
Elderly - Repealed.
Employee - an individual who performs a service for the District government and receives compensation for the performance of such service.
Finance related - involving access to or control of financial instruments, processes or systems;
Follow-up test - a series of unannounced drug and/or alcohol tests conducted periodically after an employee returns to the workplace upon satisfactorily completing treatment requirements. Follow-up testing is separate and in addition to the random, post-accident, reasonable suspicion and return-to-duty testing.
Independent agency - any board or commission of the District of Columbia government not subject to the administrative control of the Mayor.
Personnel authority - an individual or entity with the authority to administer all or part of a personnel management program as provided in Title IV of the Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code §§ 1-604.01, et seq.).
Post-accident or post-incident test - for the purposes of Sections 425 through 434 , an examination that is administered to a District government employee who, while on duty, is involved in a vehicular or other type of accident resulting in personal injury, property damage, or both, in which the cause of the accident could reasonably be believed to have been the result, in whole or in part, from the use of a drug or alcohol on part of the employee.
Program administrator - the Director of the D.C. Department of Human Resources for agencies subordinate to the Mayor, or his or her designee; or the agency head for independent agencies, or his or her designee (if applicable).
Protection sensitive position - a position with duties or responsibilities that involve caring for patients or other vulnerable persons, including but not limited to the positions listed in Subsection 411.2 of this chapter.
Qualifying patient - an individual who is actively registered in the District's medical cannabis program established pursuant to section 6 of the Legalization of Marijuana for Medical Treatment Initiative of 1999, effective July 27, 2010 (D.C. Law 18-210; D.C. Official Code § 71671.05), or in the medical cannabis program of the employee's jurisdiction of residence.
Random drug or alcohol test - for the purposes of Sections 425 through 434 , an examination that is administered to a District government employee in a safety sensitive position, at an unspecified time, for the purpose of determining whether the employee has used drugs or alcohol and, as a result, is unable to satisfactorily perform his or her employment duties.
Reasonable suspicion test - for the purposes of Sections 425 through 434 , an examination that is administered to a District government employee based on the reasonable belief by a supervisor that an employee is under the influence of a drug or alcohol to the extent that the employee's ability to perform his or her job is impaired.
Reasonable suspicion referral - for the purposes of Sections 425 through 434 , referral of an employee for testing by the District government to determine drug or alcohol usage.
Returned to duty test - a one-time, announced drug and/or alcohol test required as a condition of an employee's return to the workplace upon satisfactorily completing required treatment for substance abuse.
Safety sensitive position - a position in which it is reasonably foreseeable that, if the employee performs the position's routine duties while under the influence of drugs or alcohol, the employee could suffer a lapse of attention or other temporary deficit that would likely cause actual, immediate and serious bodily injury or loss of life to self or others, including but not limited to the positions with the duties listed in Subsection 410.2 of this chapter.
Security sensitive position - a position of special trust that may be reasonably expected to affect the access to or control of activities, systems, or resources that are subject to misappropriation, malicious mischief, damage, loss or impairment of control of communication, including but not limited to the positions listed in Subsection 412.3 of this chapter.
Subordinate agency - any agency under the direct administrative control of the Mayor, including but not limited to, the agencies listed in Section 301(q) of the CMPA (D.C. Official Code § 1-603.01(17)).
Substantial evidence - the degree of relevant evidence that a reasonable person, considering the record as a whole, might accept as adequate to support a conclusion of an administrative board or agency, even though other reasonable persons might disagree. Under the substantial evidence rule, the reviewing tribunal will defer to an agency determination so long as, upon an examination of the whole record, there is substantial evidence upon which the agency could reasonably base its decision.
Suitability - the quality or state of being acceptable for District government employment with respect to the character, reputation, and fitness of the person under consideration.
Undue hardship - an action that requires significant difficulty or expense, when considered in light of the factors set forth in section 101(10)(B) of the Americans with Disabilities Act of 1990, approved July 26, 1990 (104 Stat. 330; 42 U.S.C. § 12111(10)(B)).
Volunteer - an individual who works with the District government without monetary or other financial compensation.
Vulnerable person - an individual who has a physical or mental condition which impairs his or her ability to provide for his or her own care or protection, or a person age sixty- five (65) years or older.
Youth - an individual between thirteen (13) and seventeen (17) years of age.
D.C. Mun. Regs. tit. 6, r. 6-B499