DC Code § 1-620.36 (2021)
2021 District of Columbia Code|Title 1 - Government Organization|Chapter 6 - Merit Personnel System|Subchapter XX-C - Mandatory Drug and Alcohol Testing for Certain Employees Who Serve Children|§ 1-620.36. Coverage of private contractual providers and private licensed providers

 *NOTE: This section includes amendments by temporary legislation that will expire on May 5, 2022. To view the text of this section after the expiration of all emergency and temporary legislation affecting this section, click this link: Permanent Version.*  (a) Except as provided in subsection (b) of this section, each private provider that contracts with the District of Columbia to provide employees to work in positions that are designated as safety-sensitive and each private entity licensed by the District government that has employees who work in positions that are designated as safety-sensitive shall establish mandatory drug and alcohol testing policies and procedures that are consistent with the requirements of this subchapter; provided, that a private provider or entity is not required to comply with subchapter XX-E of this chapter. (b) An employee described in subsection (a) of this section who works at a District of Columbia Public School, and is not an employee of a child development facility licensed by the Office of the State Superintendent of Education pursuant to subchapter II of Chapter 20 of Title 7, shall not be required to take a test for marijuana, unless the test for marijuana is based on reasonable suspicion or is required pursuant to federal law, regulation, contract, or funding agreement.  (Mar. 3, 1979, D.C. Law 2-139, § 2036; as added Apr. 13, 2005, D.C. Law 15-353, § 102, 52 DCR 2331; Apr. 27, 2021, D.C. Law 23-276, § 2(l), 68 DCR 00048; Sept. 22, 2021, D.C. Law 24-37, § 2(c), 68 DCR 007339.)  Emergency Legislation  For temporary (90 days) amendment of this section, see § 2(c) of DCPS Drug Testing Clarification Emergency Amendment Act of 2021 (D.C. Act 24-114, July 15, 2021, 68 DCR 006940).  For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2002 (D.C. Act 14-310, March 26, 2002, 49 DCR 3420). For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2003 (D.C. Act 15-3, January 22, 2003, 50 DCR 1426). For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-71, April 16, 2003, 50 DCR 3593). For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Second Emergency Amendment Act of 2003 (D.C. Act 15-279, December 18, 2003, 51 DCR 60). For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-407, March 18, 2004, 51 DCR 3659). For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2004 (D.C. Act 15-630, November 30, 2004, 52 DCR 1143). For temporary (90 day) addition, see § 102 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-30, February 17, 2005, 52 DCR 2993). Temporary Legislation  For temporary (225 days) amendment of this section, see § 2 of DCPS Drug Testing Clarification Temporary Amendment Act of 2021 (D.C. Law 24-37, Sept. 22, 2021, 68 DCR 007339).  For temporary (225 day) addition of section, see § 102 of the Child and Youth, Safety and Health Omnibus Temporary Amendment Act of 2002 (D.C. Law 14-164, June 25, 2002, law notification 49 DCR 6500). For temporary (225 day) addition of section, see § 102 of the Child and Youth, Safety and Health Omnibus Temporary Amendment Act of 2003 (D.C. Law 15-2, May 3, 2003, law notification 50 DCR 3782). For temporary (225 day) addition of section, see § 102 of the Child and Youth, Safety and Health Omnibus Temporary Amendment Act of 2004 (D.C. Law 15-117, March 30, 2004, law notification 51 DCR 3804). For temporary (225 day) addition of section, see § 102 of the Child and Youth, Safety and Health Omnibus Second Temporary Amendment Act of 2004 (D.C. Law 15-319, April 8, 2005, law notification 52 DCR 4708).