(a) The drug and alcohol testing policy shall be issued in writing in advance of program implementation to inform employees and allow them the opportunity to seek treatment. An employee shall be allowed only one opportunity to seek treatment following his or her first positive test result. Thereafter, any confirmed positive drug test, or positive breathalyzer test, or a refusal to submit to a drug or breathalyzer test shall be grounds for termination of employment.
(b) The program shall cover all Department of Mental Health and Department of Human Services employees, including management, and shall be implemented as a single program of each Department.
(c) The results of any random test conducted pursuant to this subchapter may not be turned over to any law enforcement agency without the employee’s written consent.
(d) Notwithstanding § 1-620.22(f) and the second and third sentences of subsection (a) of this section, this subchapter shall comply with the requirements of subchapter XX-E of this chapter for employees who are qualifying patients.
(Mar. 3, 1979, D.C. Law 2-139, § 2025; as added Apr. 13, 1999, D.C. Law 12-227, § 2, 46 DCR 502; Dec. 18, 2001, D.C. Law 14-56, § 116(a)(7), 48 DCR 7674; Apr. 27, 2021, D.C. Law 23-276, § 2(h), 68 DCR 00048.)
Prior Codifications1981 Ed., § 1-621.65.
Effect of AmendmentsD.C. Law 14-56 rewrote subsec. (b) which had read as follows: “(b) The program shall cover all Department and Commission employees, including management, and shall be implemented as a single program of the Department and a single program of the Commission.”
Emergency LegislationFor temporary (90 days) amendment of this section, see § 2(b) of Medical Marijuana Program Patient Employment Protection Emergency Amendment Act of 2021 (D.C. Act 24-72, May 4, 2021, 68 DCR 004925).
For temporary (90 days) amendment of this section, see § 2(b) of Medical Marijuana Program Patient Employment Protection Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-339, July 27, 2020, 67 DCR 9352).
For temporary (90 days) amendment of this section, see § 2(b) of Medical Marijuana Program Patient Employment Protection Emergency Amendment Act of 2020 (D.C. Act 23-327, June 8, 2020, 67 DCR 7595).
For temporary (90 days) amendment of this section, see § 2(b) of Medical Marijuana Program Patient Employment Protection Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-125, Oct. 7, 2019, 66 DCR 13158).
For temporary (90 days) amendment of this section, see § 2(b) of Medical Marijuana Program Patient Employment Protection Emergency Amendment Act of 2019 (D.C. Act 23-77, July 8, 2019, 66 DCR 8089).
For temporary addition of subchapter, see note to § 1-620.21.
For temporary (90 day) amendment of section, see § 16(a)(7) of Department of Mental Health Establishment Emergency Amendment Act of 2001 (D.C. Act 14-55, May 2, 2001, 48 DCR 4390).
For temporary (90 day) amendment of section, see § 16(a)(7) of Department of Mental Health Establishment Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-101, July 23, 2001, 48 DCR 7123).
For temporary (90 day) amendment of section, see § 116(a)(7) of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947).
Temporary LegislationFor temporary (225 days) amendment of this section, see § 2(b) of Medical Marijuana Program Patient Employment Protection Temporary Amendment Act of 2020 (D.C. Law 23-128, Aug. 27, 2020, 67 DCR 8619).
For temporary (225 days) amendment of this section, see § 2(b) of Medical Marijuana Program Patient Employment Protection Temporary Amendment Act of 2019 (D.C. Law 23-26, Oct. 24, 2019, 66 DCR 12086).
For temporary (225 day) amendment of section, see § 16(a)(7) of Department of Mental Health Establishment Temporary Amendment Act of 2001 (D.C. Law 14-51, October 30, 2001, law notification 48 DCR 10807).
Editor's NotesTemporary addition of subchapter: See Historical and Statutory Notes following § 1-620.21.