D.C. Mun. Regs. tit. 6, r. 6-B429

Current through Register Vol. 71, No. 42, October 18, 2024

Rule 6-B429 - POSITIVE TEST RESULTS FOR CANNABIS (EMPLOYEES)

429.1

Employees who test positive for cannabis following a reasonable suspicion or post-accident or incident drug test pursuant to §§ 432 or 433 shall be presumed impaired by cannabis, regardless of their participation in any medical marijuana program.

429.2

For employees in safety sensitive positions, a random positive drug test result for cannabis with no additional evidence of impairment shall be cause for corrective or adverse action, regardless of whether the employee is a medical marijuana program participant. Notwithstanding § 1607, a safety sensitive employee who randomly tests positive for cannabis with no additional evidence of impairment will generally be subject to the following:

(a) First offense: the employee shall be summarily subject to a five (5) day suspension without pay, shall re-acknowledge the applicable drug and alcohol policy, and shall undergo a follow-up drug test immediately upon returning from the suspension; however, the employee may elect and shall be granted up to 40 hours of annual leave, compensatory time, or leave without pay to delay the follow-up drug test; and

(b) Second offense: the employee shall be deemed unsuitable for continued employment in a safety sensitive position for at least one (1) year and shall be demoted, reassigned, or transferred to a non-safety sensitive position, or summarily separated from employment.

429.3

The illustrative actions specified in §§429.2(a) and 429.2(b) are not exhaustive and shall only be used as a guide to assist agencies in determining the appropriate action. Balancing the totality of the relevant factors established in § 1606.2 can justify an action that deviates from the penalties outlined in this section.

429.4

When a corrective or adverse action has been proposed due to a positive drug test result, and except as may be required by federal or other law, an employee may provide a written response with supporting evidence challenging that action, consistent with § 1621.Evidence supplied by an employee to rebut a presumption of cannabis impairment must be clear and convincing.

429.5

Cannabis use by a safety sensitive employee threatens the integrity of District government operations and the public health, safety, and welfare. When a safety sensitive employee is subject to suspension or removal pursuant to § 429.2, the personnel authority may take such action on a summary basis consistent with § 1616. Not with standing § 1616.3, the personnel authority may take such summary actions without written approval of the agency head.

429.6

Nothing in this chapter shall be construed as permitting the unlawful use of cannabis, and employees in violation of District of Columbia cannabis laws may be found unsuitable.

429.7

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 § 429.2.

D.C. Mun. Regs. tit. 6, r. 6-B429

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