|Effective Date:||Expiration Date:||Chapters:|
|May 20, 2022||When Superseded||4|
|A Drug Free Workplace|
|Post-Accident and Post-Incident Drug and Alcohol Testing|
|Reasonable Suspicion Observation|
|Referral for Testing|
|Test Results and Suitability Determinations|
|Office of Risk Management and Workers’ Compensation|
Our drug and alcohol policies are designed to create a culture of safety. To promote workplace safety and health for all employees, employees who are involved in a significant accident or other workplace incident may be tested for drug or alcohol use. This issuance provides guidance on conducting drug and alcohol testing following an accident or incident involving one or more District government employees.
The District government provides its employees with a drug-free workplace. For this reason, employees may not engage in the unlawful manufacturing, distribution, dispensing, possession, or use of a controlled substance while on duty. Employees are also prohibited from using, possessing, or being impaired by any drug or alcohol at work. This provision applies to any employee while at work, regardless of whether the employee is physically at their duty station, traveling on District government business, or in transit between duty stations; and regardless of whether their position is designated for enhanced suitability screening.
When an employee or volunteer is involved in a qualifying accident or incident during their tour of duty, the employee shall be required to undergo drug and alcohol testing to verify compliance with the drug-free workplace policy. Any employee or volunteer who tests positive for drugs or alcohol shall be subject to disciplinary action.
An accident or incident covered by this issuance is any event that involves one or more on-duty District government employees that results in personal injury, property damage, or both.
Employees shall undergo drug and alcohol testing whenever they are involved in an accident or incident that:
When an accident or incident meets the above criteria, the employee shall notify their supervisory official immediately, and the supervisor shall make all required notifications and travel to the scene expeditiously. Whenever feasible, the supervisory official should have completed reasonable suspicion training and should be accompanied to the scene by a second supervisor also trained in reasonable suspicion procedure.
Upon arriving at the scene, a supervisory official(s) shall conduct a reasonable suspicion observation of the employee(s) to determine whether there is evidence suggesting the employee is impaired or otherwise under the influence of a drug or alcohol. Some signs of drug or alcohol impairment include:
The supervisor conducting the reasonable suspicion observation should immediately document their findings using the Reasonable Suspicion Observation Form. The supervisor will also prepare an incident report or similar document detailing the accident or incident with input from all involved parties and witnesses if available and attach any additional documents to the Reasonable Suspicion Observation Form. The Reasonable Suspicion Observation Form should be completed and submitted within 24 hours of the accident or incident or before the test results are released, whichever is earlier.Click Here for Reasonable Suspicion Observation Form
After the supervisory official performs a reasonable suspicion observation and documents his or her findings, they must refer the employee for testing by following these steps:
|Monday-Friday, 9am - 5pm Collections|
|Torey Draughn, Program Coordinator
(202) 442-9689 – Office
(202) 308-3922 - Cell
|Tamika Cambridge, Compliance Manager
|After Hours Collections|
|In the event an employee needs to be tested outside of normal business hours, contact Cherry Collections at (301) 792-5205 for a collector. The collection company will arrange the collection with the collector, agency’s representative, and the employee’s supervisor.|
If testing is required after normal business hours, the supervisor should contact the vendor directly. The vendor will make all collection arrangements and testing will proceed without prior confirmation from DCHR’s Compliance Team. The supervisor should still provide the documentation to DCHR’s Compliance Team as soon as possible.
All post-accident and post-incident drug and alcohol testing shall be assessed in accordance with § 427 of the District Personnel Manual.
Upon receipt of the results of the applicable test(s), the DCHR Compliance Team will issue an electronic suitability notification via email.
As it relates to drug and alcohol testing, the employee will be deemed suitable if the results are negative. The notification will state that the employee’s test results were negative and that the employee is suitable for continued employment. Agencies should take the following steps after receiving a suitable notification:
If the test results are positive, the outcome depends on the nature of the position occupied by the employee. If the position is “safety sensitive,” DCHR will initiate an appropriate administrative action against the employee, which may include termination. If the position is not “safety sensitive,” the employing agency will take disciplinary action consistent with its practices and procedures.
When a safety sensitive employee is found unsuitable due to a post-accident or post-incident drug and alcohol test, the agency must immediately send the materials listed below to DCHR’s Compliance Team:
DCHR’s Compliance Team will provide the agency additional guidance on next steps.
For employees not occupying safety sensitive positions, DCHR’s Compliance Team will notify the agency of the results. The agency must take either corrective or adverse action consistent with its past practice, internal policies, and Chapter 16 of the District Personnel Manual.
An employee who tests positive for cannabis after a post-accident or post-incident drug and alcohol test, shall be presumed to be impaired by cannabis. An employee may attempt to overcome this presumption such as by demonstrating that a medication the employee uses is limited to CBD with only trace amounts of THC, or that the employee’s use of cannabis was so remote in time from when the employee reported for duty as to not present a risk of impairment.
All managers and supervisors shall participate in reasonable suspicion training as follows:
The D.C. Office of Risk Management manages the District Public Sector Workers’ Compensation Program and provides District government agencies and employees with guidance and other services related to accidents and incidents in the workplace or involving on-duty District government employees. District government employees injured in an accident or incident, their representatives, and their supervisors should consult their designated Agency Risk Management Representative and supervisors must promptly notify the Office of Risk Management using the ERisk System.
For additional information concerning this instruction, please contact the D.C. Department of Human Resources, Policy and Compliance Administration, by calling (202) 442-9700 or by sending an email to firstname.lastname@example.org.
All District government employees including those in independent agencies who are subject to Chapter 4 of the D.C. personnel regulations are subject to post-accident and post-incident drug and alcohol testing.
Issued by Interim Director E. Lindsey Maxwell II, Esq., D.C. Department of Human Resources on May 20, 2022, midnight