For the purposes of this part, the term:
(1) "Applicant" means all persons who have filed any written employment application forms to work at the Department.
(2) "Council" means the Council of the District of Columbia.
(3) "Department" means the District of Columbia Department of Corrections.
(4) "Director" means the Director of the District of Columbia Department of Corrections.
(5) "High potential risk employee" ("HPR employee") means any Department employee who has inmate care and custody responsibilities or who works within a correctional institution, including any employees and managers who are carried in a law enforcement retirement status.
(6) "Law enforcement retirement status" means any employee who contributes to the 7.5% retirement status category.
(7) "Post-accident employee" means any Department employee who, while on duty, is involved in a vehicular or other type of accident resulting in personal injury or property damage, or both.
(8) "Random testing" means drug or alcohol testing taken by Department employees at an unspecified time for the purposes of determining whether any Department employees have used drugs or alcohol and, as a result, are unable to satisfactorily perform their employment duties.
(9) "Reasonable suspicion" means a belief by a supervisor that an employee is under the influence of an illegal substance or alcohol to the extent that the employee's ability to perform his or her job is impaired. Supervisors shall be trained in substance abuse recognition and shall receive a second opinion from another supervisor prior to making a reasonable suspicion referral.
(Sept. 20, 1996, D.C. Law 11-158, § 2, 43 DCR 3702.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 24-448.1.
Temporary Addition of Section
Temporary addition of subchapter: D.C. Law 11-91 added this subchapter.
Section 7(b) of D.C. Law 11-91 provided that the act shall expire after the 225th day of its having taken effect or on the effective date of the Department of Corrections Employee Mandatory Drug and Alcohol Testing Act of 1995, whichever occurs first.
Emergency Act Amendments
For temporary addition of subchapter, see §§ 2 through 5 of the Department of Corrections Employee Mandatory Drug and Alcohol Testing Emergency Act of 1995 (D.C. Act 11-167, November 28, 1995, 42 DCR 6805) and §§ 2 through 5 of the Department of Corrections Employee Mandatory Drug and Alcohol Testing Congressional Review Emergency Act of 1996 (D.C. Act 11-208, February 14, 1996, 43 DCR 794).
Legislative History of Laws
Law 11-91, the "Department of Corrections Employee Mandatory Drug and Alcohol Testing Temporary Act of 1995," was introduced in Council and assigned Bill No. 11-461. The Bill was adopted on first and second readings on November 7, 1995, and December 5, 1995, respectively. Signed by the Mayor on December 18, 1995, it was assigned Act No. 11-174 and transmitted to both Houses of Congress for its review. D.C. Law 11-91 became effective on February 27, 1996.
Law 11-158, the "Department of Corrections Employee Mandatory Drug and Alcohol Testing Act of 1996," was introduced in Council and assigned Bill No. 11-463, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on May 7, 1996, and June 4, 1996, respectively. Signed by the Mayor on June 19, 1996, it was assigned Act No. 11-287 and transmitted to both Houses of Congress for its review. D.C. Law 11-158 became effective on September 20, 1996.
(a) The following Department employees shall be tested for drug and alcohol use:
(1) Applicants;
(2) Those employees who have had a reasonable suspicion referral;
(3) Post-accident employees, as soon as reasonably possible after the accident; and
(4) HPR employees.
(b) Only HPR employees shall be subject to random testing.
(c) Employees shall be given at least a 30-day written notice from September 20, 1996, that the Department is implementing a drug and alcohol testing program and shall be given an opportunity to seek treatment. Following September 20, 1996, the Department shall procure a testing vendor and testing shall be implemented as described herein.
(Sept. 20, 1996, D.C. Law 11-158, § 3, 43 DCR 3702.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 24-448.2.
Temporary Addition of Section
Temporary addition of subchapter: See Historical and Statutory Notes following § 24-211.21.
Emergency Act Amendments
For temporary addition of subchapter, see note to § 24-211.21.
Legislative History of Laws
For legislative history of D.C. Law 11-91, see Historical and Statutory Notes following § 24-211.21.
For legislative history of D.C. Law 11-158, see Historical and Statutory Notes following § 22-211.21.
(a) Testing shall be performed by an outside contractor. The contractor shall be a laboratory certified by the United States Department of Health and Human Services ("HHS") to perform job related drug and alcohol forensic testing.
(b) For random testing, the contractor shall come on-site to the Department's institutions and shall collect urine specimens and split the samples. The contractor shall perform enzyme-multiplied-immunoassay technique ("EMIT") testing on one sample and store the split sample. Any positive EMIT test shall then be confirmed by the contractor using gas chromatography/mass spectrometry ("GCMS") methodology.
(c) Any Department employee found to have a confirmed positive urinalysis shall be notified of the result. The employee may then authorize that the stored sample be sent to another HHS certified laboratory of his or her choice, at his or her expense, for secondary GCMS confirmation.
(d) Reasonable suspicion and post-accident employee testing shall follow the same procedures set forth in subsections (a) through (c) of this section. In such cases, the employee shall be escorted by a supervisor to the contractor's test site for specimen collection or a breathalyzer.
(e) Any Department employee who operates a motor vehicle in the District of Columbia shall be deemed to have given his or her consent, subject to conditions in this subchapter, to the testing of the person's urine or breath for the purpose of determining drug or alcohol content whenever a supervisor has reasonable suspicion or a police officer arrests such person for a violation of the law and has reasonable grounds to believe such person was operating or in physical control of a motor vehicle within the District while that person's alcohol concentration was 0.08 grams or more per 210 liters of breath, while under the influence of an intoxicating liquor or any drug or any combination thereof, or while the ability to operate a motor vehicle was impaired by the consumption of an intoxicating beverage.
(f) A breathalyzer shall be deemed positive by the Department's testing contractor if the contractor determines that 210 liters of the employee's breath contains 0.08 grams or more of alcohol. A positive breathalyzer test shall be grounds for termination of employment in accordance with subchapter I of Chapter 6 of Title 1.
(Sept. 20, 1996, D.C. Law 11-158, § 4, 43 DCR 3702; Apr. 13, 1999, D.C. Law 12-227, § 3, 46 DCR 502; Mar. 2, 2007, D.C. Law 16-195, § 5, 53 DCR 8675.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 24-448.3.
Effect of Amendments
D.C. Law 16-195, in subsec. (e), substituted "alcohol concentration was 0.08 grams or more per 210 liters of breath" for "breath contained .08% or more, by weight, of alcohol"; and, in subsec. (f), substituted "210 liters of the employee's breath contains 0.08 grams or more of alcohol" for "1 milliliter of the employee's breath (consisting of substantially alveolar air) contains .38 micrograms or more of alcohol".
Temporary Addition of Section
Temporary addition of subchapter: See Historical and Statutory Notes following § 24-211.21.
Emergency Act Amendments
For temporary addition of subchapter, see note to § 24-211.21.
For temporary amendment of section, see § 3 of the Department of Human Services and Commission on Mental Health Services Mandatory Employee Drug and Alcohol Testing and Department of Corrections Conforming Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-599, January 20, 1999, 46 DCR 1147).
For temporary (90 day) amendment of section, see § 4(b) of Anti-Drunk Driving Clarification Emergency Amendment Act of 2006 (D.C. Act 16-469, July 31, 2006, 53 DCR 6764).
For temporary (90 day) amendment of section, see § 5 of Anti-Drunk Driving Clarification Second Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-518, October 27, 2006, 53 DCR 9104).
For temporary (90 day) amendment of section, see § 5 of Anti-Drunk Driving Clarification Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-6, January 16, 2007, 54 DCR 1452).
For temporary (90 day) amendment of section, see § 305 of Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-508, October 26, 2012, 59 DCR 12774).
Legislative History of Laws
For legislative history of D.C. Law 11-91, see Historical and Statutory Notes following § 24-211.21.
For legislative history of D.C. Law 11-158, see Historical and Statutory Notes following § 24-211.21.
Law 12-227, the "Department of Human Services and Commission on Mental Health Services Mandatory Employee Drug and Alcohol Testing and Department of Corrections Conforming Amendment Act of 1998," was introduced in Council and assigned Bill No. 12-625, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on November 10, 1998, and December 1, 1998, respectively. Signed by the Mayor on December 11, 1998, it was assigned Act No. 12-548 and transmitted to both Houses of Congress for its review. D.C. Law 12-227 became effective on April 13, 1999.
Law 16-195, the "Anti-Drunk Driving Clarification Amendment Act of 2006", was introduced in Council and assigned Bill No. 16-463, which was referred to the Committee on Public Works and Environment. The Bill was adopted on first and second readings on July 11, 2006, and October 3, 2006, respectively. Signed by the Mayor on October 18, 2006, it was assigned Act No. 16-488 and transmitted to both Houses of Congress for its review. D.C. Law 16-195 became effective on March 2, 2007.
The drug testing policy shall be issued in advance to inform employees and allow them the opportunity to seek treatment. Thereafter, any confirmed positive test results or a refusal to submit to the test shall be grounds for termination of employment in accordance with subchapter I of Chapter 6 of Title 1. This testing program is for all employees, including management, and shall be implemented as a single Department program. The results of a random test may not be turned over to any law enforcement agency without the employee's written consent.
(Sept. 20, 1996, D.C. Law 11-158, § 5, 43 DCR 3702.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 24-448.4.
Temporary Addition of Section
Temporary addition of subchapter: See Historical and Statutory Notes following § 24-211.21.
Emergency Act Amendments
For temporary addition of subchapter, see note to § 24-211.21.
Legislative History of Laws
For legislative history of D.C. Law 11-91, see Historical and Statutory Notes following § 24-211.21.
For legislative history of D.C. Law 11-158, see Historical and Statutory Notes following § 24.211.21.
Law 11-230, the "Department of Corrections Criminal Background Investigation Authorization Temporary Act of 1996," was introduced in Council and assigned Bill No. 11-937. The Bill was adopted on first and second readings on October 7, 1996, and December 3, 1996, respectively. Signed by the Mayor on December 17, 1996, it was assigned Act No. 11-462 and transmitted to both Houses of Congress for its review. D.C. Law 11-230 became effective on April 9, 1997.
