D.C. Mun. Regs. tit. 6, r. 6-B606

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

Rule 6-B606 - NOTICE AND PROCEDURAL REQUIREMENTS FOR SAFETY SENSITIVE DESIGNATION APPEALS

606.1

If a position is designated by the personnel authority as safety-sensitive, the agency shall:

(a) Include the designation in any description of the position, including a job description utilized for hiring or recruitment; and

(b) Provide written notice of the employee's rights, including:

(1) Employee's right to appeal the determination of the personnel authority denying a safety-sensitive position designation; and

(2) Employee's right to request a reasonable accommodation.

606.2

An employee in a position designated as safety-sensitive has the right to request a written explanation of the reasons and factors justifying the designation from the employee's agency.

606.3

The agency shall provide the explanation to the employee within ten (10) business days after receiving the request.

606.4

The explanation shall include a description of the specific routine job duties and circumstances under which such duties are performed, for which it is reasonably foreseeable that, if the employee performs such 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.

606.5

The written explanation may be satisfied by providing the requesting employee with a position description that contains the information required under § 639.4.

606.6

An employee may appeal the designation of their position as safety-sensitive by filing a petition with the employee's personnel authority. The petition shall state the reasons why the employee's position does not meet the definition of a safety sensitive position provided in § 699.

606.7

The personnel authority shall review the employee's petition, and any response from the agency, and issue a written determination granting or denying the employee's petition within thirty (30) calendar days after receiving the petition.

606.8

The determination shall state the reasons for granting or denying the petition.

606.9

If the personnel authority grants the petition, it shall re-designate the position in consultation with the employing agency.

606.10

If the personnel authority denies the petition, the determination shall state the right of appeal to the Office of Employee Appeals, pursuant to D.C. Code § 1-606.03 a.

D.C. Mun. Regs. tit. 6, r. 6-B606

As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999); as amended by Notice of Final Rulemaking published at 59 DCR 2129, 2131 (March 16, 2012); amended by Final Rulemaking published at 68 DCR 298 (1/14/2022)

Notice of Final Rulemaking published at 2129 (March 16, 2012) repealed and replaced the existing chapter 16 with a new chapter 16 (Rules and Regulations of the Office of Employee Appeals). Sections 606 -635 were renamed, and section 636 was repealed.

Authority: The Chairperson of the Office of Employee Appeals in accordance with § 602 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-606.02(a)(5) (2006 Repl.).