2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 224 - Drug Testing to Detect Controlled Substances in the Workplace (§§ 4581 — 4599) › § 4585 - Requirements of the controlled substances detection program

Each regulation that is adopted for the implementation of the provisions of this chapter and the creation of the Controlled Substances Detection Program in every municipality, shall include the following:
(a) A description of the type of tests that shall be conducted, according to the program that shall be adopted by each municipality, in writing, which shall contain its effective date, and shall be notified to the officials and employees by the delivery and signing of the receipt of a copy thereof. Each official or employee shall be given a notice in which he/she shall be informed of the implementation of the program, at least thirty (30) days prior to its effective date. The same terms and conditions shall apply to the notices and deliveries of copies made with regard to subsequent amendments made to the regulations. This procedure shall not annul or invalidate any prior action of the municipality pursuant to a regulation in effect prior to the approval of this act.
(b) The main objective of the program shall be the identification of officials or employees who perform their functions or duties under the effect of controlled substances, and achieve their rehabilitation, with the exceptions established in this chapter, so that they may faithfully discharge their public service functions and duties.
(c) A statement of public policy on the illegal use of controlled substances in tune with the provisions of this chapter, which includes a description of the sanctions and penalties applicable to the processing, distribution, possession or illegal use of drugs under the laws of Puerto Rico and the United States of America, and a statement that said practices are prohibited in the workplace.
(d) An orientation to the officials or employees on the risks to their health and safety caused by the consumption of controlled substances, and the plan that will be available for the treatment and rehabilitation of the officials and employees who have a positive result to controlled substances testing. This includes education and training of the supervisors with regard to the kind of conduct of the official or employee that is observed, which could have been induced by the use of controlled substances, in order to configure a reasonable and individualized suspicion. Provided, That if the supervisors do not receive the education and training required herein, their suspicion of a presumption would be assumed [to be] unreasonably controversial [sic].
(e) The standards of behavior with regard to the use of controlled substances, including the description of the circumstances under which the municipality can require an official or employee to submit to drug testing. Mention shall also be made of the preventive and treatment measures [to the] benefit of the official or employee whose initial, corroborated test is positive; and shall include the corrective and disciplinary measures to be imposed on that official or employee who refuses to be administered the detection tests, or to submit to the orientation, treatment and rehabilitation plan after a positive result of the drug tests, or who continues to illegally use controlled substances, as provided by this chapter.
(f) The detailed description of the procedure to be followed in [the administration of] the tests for the detection of controlled substances, including the confidentiality of the results. The municipality shall ensure the maximum protection of the right to privacy and personal integrity of the official or employee thus affected.
(g) A listing of the controlled substances to be detected by the tests to be made.
History —Aug. 30, 1991, No. 81, added as § 12.006 on Jan. 10, 1999, No. 30, § 4.