D.C. Mun. Regs. tit. 6, r. 6-B430

Current through Register Vol. 71, No. 43, October 25, 2024

Rule 6-B430 - PRE-EMPLOYMENT DRUG AND ALCOHOL TESTING

430.1

As a condition of employment, appointees to safety and protection sensitive positions shall be required to pass a pre-employment drug test in accordance with this section. In addition, the program administrator may require a pre-employment alcohol test.

430.2

Pre-employment drug and alcohol testing shall be conducted after a conditional offer of employment is made, but before the appointee's effective date of appointment.

430.3

Appointees to protection sensitive positions may not be disqualified based on a positive pre-employment drug test result showing the presence of cannabis unless the candidate was in possession of or was under the influence of cannabis at the time of testing, consistent with § 432.5.

430.4

Appointees to safety sensitive positions who test positive for cannabis may be disqualified from employment consideration, subject to the following:

(a) If an appointee discloses recent cannabis use, an agency may postpone any pre-employment drug test for up to thirty (30) days.

(b) When a safety sensitive appointee initially tests positive only for cannabis as part of a pre-employment drug test, and unless the candidate was in possession of or was under the influence of cannabis at the time of testing, the program administrator shall advise the appointee of the positive test result and give him or her an opportunity to take a second drug test at least two (2) weeks after the initial test. The candidate shall be responsible for the cost of the second drug test.

(c) A safety sensitive appointee who undergoes a second drug test pursuant to paragraph (b) and tests positive for cannabis shall be disqualified from employment in a safety sensitive position for one (1) year from the date of the second drug test, and the program administrator shall rescind any conditional offer or decline to make a final offer of employment.

430.5

The program administrator may waive the requirement for a second drug test under § 430.4(b) allowing for the immediate disqualification of appointee consistent with § 430.4(c) when required to fulfill an immediate recruitment need or when a reasonable suspicion observation found that the appointee was demonstrably impaired at the time of testing. Except when necessitated by extraordinary or unforeseeable circumstances, such a waiver must be issued by the program administrator prior to posting the applicable job vacancy.

430.6

Pre-employment drug and alcohol testing shall be carried out pursuant to §§ 425 through 427.

430.7

Nothing in this chapter shall be construed as permitting the unlawful use of cannabis, and appointees in violation of cannabis laws may be found unsuitable. Individuals under the age of 21 who test positive for cannabis and who are not enrolled in a medical marijuana program and who do not have a prescription for medications that contain THC shall be deemed unsuitable and are not subject to the provisions of § 430.4.

D.C. Mun. Regs. tit. 6, r. 6-B430

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