Washington D.C. has provisions for drug testing for certain public employees and commercial drivers as stated in the District of Columbia Code, in the following sections.

• 1-620.21. Definitions.
• 1-620.22. Employee testing.
• 1-620.23. Testing methodology.
• 1-620.24. Implied consent of employees who operate motor vehicles.
• 1-620.25. Procedure and employee impact.

• 24-211.21. Definitions.
• 24-211.22. Who and when to test.
• 24-211.23. Test methods & procedures.

In compliance with federal regulations issued pursuant to 49 U.S.C. Sec. 31306, the Mayor and each personnel authority shall adopt and administer a program and issue rules for conducting pre-employment, reasonable suspicion, random, post-accident, return-to-duty, and follow-up testing of employees who are employed as drivers of commercial motor vehicles, or who are candidates for such employment, for the use of alcohol and controlled substances.

1-620.21. Definitions.
For the purposes of this subchapter, the term:

(1) "Applicant" means a person who has filed a written employment application form to work for the Department or the Commission or has been tentatively selected for employment by either the Department or the Commission to work as a high potential risk employee.

(2) "Commission" means the Commission on Mental Health Services.

(3) "Department" means the Department of Human Services.

(4) "High potential risk employee" means any Department or Commission employee who has resident care or custody responsibilities in a secured facility or who works in a residential facility.

(5) "Post-accident employee" means any Department or Commission employee who, while on duty, was involved in a vehicular or other type of accident resulting in personal injury or property damage, or both.

(6) "Probable cause" means a reasonable belief by a supervisor that an employee is under the influence of an illegal substance or alcohol such that the employee's ability to perform his or her job is impaired.

(7) "Probable cause referral" means a referral, based on probable cause, for testing by the Department or the Commission for drug or alcohol use.

(8) "Random testing" means drug or alcohol testing taken by a Department or Commission employee at an unspecified time for the purposes of determining whether any Department or Commission employee has used drugs or alcohol and as a result is unable to satisfactorily perform his or her employment duties.

(9) "Residential facility" means a facility that provides a supervised and sheltered living environment for individuals who need such an environment because of their mental, familial, social, or other circumstances. (10) "Secured facility" means a hospital or institution that is:

(A) Leased, or owned by the District government;

(B) Operated by the District government; and

(C) Equipped and qualified to provide in-resident or in-patient care to detained or committed youth or persons suffering from mental illness.

1-620.22. Employee testing.

(a) The following Department and Commission employees and prospective employees shall be tested for drug and alcohol use:

(1) Applicants for positions that would qualify them as high potential risk employees;

(2) Employees who have had a probable cause referral;

(3) Post-accident employees, as soon as reasonably possible after an accident; and

(4) High potential risk employees.

(b) Only high potential risk employees shall be subject to random testing.

(c) All employees of the Department and Commission shall be given written notice, issued at least 30 days before the implementation of a drug and alcohol testing program, that the Department and Commission will implement a drug and alcohol testing program.

(d) No employee may be tested for drug or alcohol use prior to receiving the notice required by subsection

(c) of this section.

(e) Conditions giving rise to probable cause must be observed and documented. Supervisors shall be trained in substance abuse recognition and shall receive a second opinion from another supervisor prior to making a probable cause referral.

(f) An employee shall be given one opportunity to seek treatment following a positive test result.

(g) The Department and the Commission shall procure the services of a contractor to perform the tests required by this subchapter.

(h) All testing conducted by a vendor shall be implemented pursuant to this subchapter.

1-620.23. Testing methodology.

(a) Testing shall be performed by an outside contractor. The contractor shall be certified by the United States Department of Health and Human Services ("HHS") to perform job related drug and alcohol forensic testing.

(b)

(1) For random testing, the contractor shall come on-site to Department or Commission institutions.

(2) The contractor shall collect urine specimens and split the samples.

(c) The contractor shall perform enzyme-multiplied-immunoassay technique ("EMIT") testing on one sample and store the other sample. Any positive EMIT test shall be confirmed by the contractor using gas chromatography/mass spectrometry ("GCMS") methodology.

(d) Any Department or Commission employee found to have a confirmed positive urinalysis shall be notified of the result. The employee may then authorize the stored sample to be sent to another HHS certified laboratory of his or her choice, at his or her expense, for secondary GCMS confirmation.

(e) Probable cause and post-accident testing shall follow the same procedures set forth in subsections (a) through (d) of this section. In such cases, the employee shall be escorted by a supervisor to the contractor's test site for specimen collection or breathalyzer.

(f) A breathalyzer shall be deemed positive by the Department's or Commission's testing contractor if the contractor determines that 1 milliliter of the employee's breath (consisting of substantially alveolar air) contains . 38 micrograms or more of alcohol.

1-620.24. Implied consent of employees who operate motor vehicles.

Any Department or Commission employee who operates a motor vehicle in the performance of his or her employment within the District of Columbia shall be deemed to have given his or her consent, subject to the provisions of this subchapter, to the testing of the employee's urine or breath, for the purpose of determining drug or alcohol content, whenever a supervisor has the probable cause or a police officer arrests such employee for a violation of Sec. 50-2201.05 or has reasonable grounds to believe such employee to have been operating or in physical control of a motor vehicle within the District while that employee's breath contained .08% or more, by weight, of alcohol, or while under the influence of an intoxicating liquor or any drug or any combination thereof, or while the employee's ability to operate a motor vehicle was impaired by the consumption of intoxicating liquor.

1-620.25. Procedure and employee impact.

(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 and Commission employees, including management, and shall be implemented as a single program of the Department and a single program of the Commission.

(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.

Mandatory drug & alcohol testing of Department of Corrections employees

24-211.21. Definitions. 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.

24-211.22. Who and when to test.

(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.

24-211.23. Test methods & procedures.

(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 breath contained .08% or more, by weight, of alcohol, 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 1 milliliter of the employee's breath (consisting of substantially alveolar air) contains .38 micrograms 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.

24-211.24. Policy.

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.