D.C. Code § 32-951.03

Current through codified emergency legislation effective July 18, 2024

Section 32-951.03 - Rules of construction

Nothing in this title shall be construed to:

(1) Require an employer to permit or accommodate the use, consumption, possession, storage, delivery, transfer, display, transportation, sale, purchase, or growing of cannabis at the employee's place of employment while performing work for the employer, or during the employee's hours of work unless otherwise required pursuant to section 211 (b-1) of the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code § 2-1402.11 (b-1)) ("section 211 (b-1) of the HRA"), or section 2062 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective April 27, 2021 (D.C. Law 23-276; D.C. Official Code § 1-620.62) ("section 2062 of the CMPA");

(2) Prohibit an employer from adopting a reasonable drug-free workplace or employment policy that:

(A) Requires post-accident or reasonable suspicion drug testing of employees for cannabis or other drugs or drug testing of employees in safety sensitive positions;

(B) Is necessary to comply with federal law, including Chapter 81 of Title 41 of the United States Code (41 U.S.C. § 8101et seq.), or a federal contract or funding agreement, if applicable to the employer;

(C) Prohibits the use, consumption, possession, storage, delivery, transfer, display, transportation, sale, purchase, or growing of cannabis at the employee's place of employment while performing work for the employer or during the employee's hours of work, unless otherwise permitted pursuant to section 211 (b-1) of the HRA or section 2062 of the CMPA; or

(D) Prohibits employees from being impaired at the employee's place of employment while performing work for the employer or during the employee's hours of work, as described in section 102(b)(4);

(3) Create or eliminate any common law or statutory cause of action for any person against an employer for injury, loss, or liability to a third party

(4) Eliminate any common law or statutory cause of action otherwise available under District law; or

(5) Create a safe harbor for an employer or to provide immunity for the employer from suit.

D.C. Code § 32-951.03

Added by D.C. Law 24-190,§ I-103, 69 DCR 008849, eff. 10/22/2022.