District of Columbia Employee Drug Testing Memo
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How to fill out Employee Drug Testing Memo?
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FAQ
A positive drug test, with a consequence of suspension and possible termination for non-compliance with the EAP treatment plan may be the first time an employee is held accountable for his/her poor choices. Not all employees who test positive are substance- dependent or in need of intensive treatment.
So, what happens if you fail a drug test? Well, you may get suspended, demoted, or even terminated from employment. It is entirely at your employer's discretion to decide what disciplinary action to take. Some state laws prohibit employers from firing an employee for a first-time positive drug test.
If the drug test was conducted during a pre-employment screening, the employer may choose not to hire the potential employee. If a current employee fails a workplace drug test, the employer has the right to terminate them.
Schools in Virginia had no drug tests for teachers until two school employees were charged with drug possession. Though the idea of implementing drug testing protocols in the school has been considered, the high cost involved with drug testing prevents the legislation from passing into law.
Federal, state and local governments do not require private employers to conduct employee drug tests, but they do establish drug testing programs, regulations and policies for their own civil service jobs. If you work as a civil service employee, you must comply with regulations on drug testing or risk losing your job.
While teachers and paraprofessionals aren't tested before being hired or randomly on the job, the DOE does conduct pre-employment drug screens for construction laborers, construction project managers, motor vehicle operators, procurement analysts and school food service managers and confidential investigators.
Washington, D.C. is a mandatory jurisdiction, which means any employer wishing to conduct drug and/or alcohol testing within the District must do so according to the code, regulations and court decision that apply. The law (32-931) does not require any employer to conduct drug or alcohol testing.
Consent is always required to perform a drug test on a pupil or member of staff in a school. If you wish to test pupils for drugs, you must first obtain their consent and also the consent of their parents. Either may refuse and this should be documented.
The order still required people including teachers or social workers who work with vulnerable populations to undergo pre-employment drug testing, but DCist reported in 2019 that THC would not be included under the new policy.
Washington, D.C. is a mandatory jurisdiction, which means any employer wishing to conduct drug and/or alcohol testing within the District must do so according to the code, regulations and court decision that apply. The law (32-931) does not require any employer to conduct drug or alcohol testing.
