22-A3854

22-A3854 PERSONNEL RECORDS

This regulation requires each Mental Health Community Residence Facility (MHCRF) in the District of Columbia to maintain written personnel policies and comprehensive personnel records for all staff, volunteers, and the Residence Director. Records must include employment agreements, criminal background check documentation, health certifications (including TB testing), CPR/first aid certification, and professional license information. Facilities must also retain payroll records and weekly schedules for at least six months and make all records available to the Department upon request.

3854 PERSONNEL RECORDS

3854.1 Each MHCRF shall have written personnel policies, which shall be made available to the Department and to each staff member and shall include the following:

The hours of work, policies regarding on duty requirements, compensation time, night-time duties, work relief provisions for live-in employees, vacations, sick leave, insurance, and other benefits, if any;

A description of the duties for each category of employee; 

Provisions for new staff orientation and annual in-service training of staff; and

Provisions for disciplinary action or termination for illegal activity, negligence, or misconduct that occurs on the job.

3854.2 Each MHCRF shall maintain accurate personnel records for each Residence Director, staff member, and volunteer in a secure location at the facility that shall include the following information:

Name, address, gender, and social security number;

Current professional license or registration number, if any;

Record of education, training, prior employment, and evidence of attendance at orientation, training, workshops, and seminars sponsored by the Department;

Current health certification, including results of an annual intra-dermal tuberculin skin test or chest x-ray indicating no active tuberculosis;

Verification of previous employment, if any;

Documentation that the employee or volunteer has had a criminal background check in accordance with § 3850 and has not been convicted of a disqualifying crime, in accordance with the Criminal Background Check Act and 22-B DCMR, Chapter 47; 

Documentation of certification in emergency first aid, CPR, and the Heimlich Maneuver; 

Documentation of certification as an FPM or FSM if engaged in food preparation;

Dates of employment;

Position held by the employee;

Documentation of any disciplinary issues;

Copy of the employment agreement between the MHCRF and employee, which shall include basic terms of employment including, at a minimum:

(1) Salary or hourly rate of pay; 

(2) Hours; 

(3) Duties; 

(4) Benefits; and 

(5) A statement that employees hold a position of trust in relation to residents, that employees shall not harass, exploit, or physically, emotionally, or sexually abuse residents, or have sexual relations with residents, and that any violation of these prohibitions shall be grounds for immediate termination and may also result in a report to Adult Protective Services and the police. 

3854.3 Each MHCRF shall also maintain a record of the dates and times that each volunteer is present or assisting at the facility. 

3854.4 Each MHCRF shall maintain payroll records and weekly staff schedules for each Residence Director and employee for a period of at least six (6) months and provide copies to the Department upon request. 

3854.5 Each MHCRF shall maintain copies of any agreements with contractors or consultants related to the operation of the MHCRF.

SOURCE: Final Rulemaking published at 65 DCR 1633 (February 16, 2018). 

District of Columbia Municipal Regulations

 Mental Health
22-A DCMR § 3854