Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part I - General Administration › Subpart 1 - General Administration › Chapter 1 - Substance Abuse Testing › Section I-105 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
Controlled Substance
- a drug, chemical
					 substance or immediate precursor in Schedules I through V of
					 R.S.
					 40:964 or Section 202 of the Controlled
					 Substances Act (21 U.S.C.
					 812).
Designer (Synthetic) Drugs
- those chemical
					 substances that are made in clandestine laboratories where the molecular
					 structure of both legal and illegal drugs is altered to create a drug that is
					 not explicitly banned by federal law.
Employee
- unclassified, classified, and
					 student employees, student interns, both paid and unpaid, and any other person
					 having any employment relationship with the agency, regardless of the
					 appointment type (e.g., full-time, part-time, temporary, etc.).
Illegal Drug
- any drug which is not
					 legally obtainable or which has not been legally obtained, to include
					 prescribed drugs not legally obtained and prescribed drugs not being used for
					 prescribed purposes or being used by one other than the person for whom
					 prescribed.
Public Vehicle
- any motor vehicle, water
					 craft, air craft or rail vehicle owned or controlled by the state.
Reasonable Suspicion
- belief based upon
					 reliable, objective and articulable facts derived from direct observation of
					 specific physical, behavioral, odorous presence, or performance indicators and
					 being of sufficient import and quantity to lead a prudent person to suspect
					 that an employee is in violation of this policy.
Safety-Sensitive
or
Security-Sensitive
-a position determined by the appointing
					 authority to contain duties of such nature that the compelling state interest
					 to keep the incumbent drug-free outweighs the employee's privacy interests.
					 Executive Orders Number KBB 2005-08 and KBB 2005-11 set forth the following
					 non-exclusive list of examples of safety-sensitive and/or security-sensitive
					 positions in state government:
1. positions with duties that may require or authorize the
					 safety inspection of a structure;
2. positions with duties that may require or authorize
					 access to a prison or an incarcerated individual;
3. positions with duties that may require or authorize
					 carrying a firearm;
4. positions with duties that may allow access to
					 controlled substances (drugs);
5. positions with duties that may require or authorize
					 inspecting, handling, or transporting
hazardous waste
as
					 defined in
					 R.S.
					 30:2173(2) or
hazardous materials
as defined in
					 R.S.
					 32:1502(5);
6. positions with duties that may require or authorize any
					 responsibility over power plant equipment;
7. positions with duties that may require instructing or
					 supervising any person to operate or maintain, or that may require or authorize
					 the operating or maintaining, any heavy equipment or machinery;
8. positions with duties that may require or authorize the
					 operation or maintenance of a public vehicle, or the supervision of such an
					 employee.
Under the Influence
- for the purposes of
					 this policy, alcohol, a drug, chemical substance, or the combination of
					 alcohol, a drug, chemical substance that affects an employee in any detectable
					 manner. The symptoms or influence are not confined to that consistent with
					 misbehavior, nor to obvious impairment of physical or mental ability, such as
					 slurred speech or difficulty in maintaining balance. A determination of
					 influence can be established by a professional opinion or a scientifically
					 valid test.
Workplace
- any location on agency property
					 including all property, offices, facilities, vehicles and equipment, whether
					 owned, leased or otherwise used by the agency or by an employee on behalf of
					 the agency in the conduct of its business, in addition to any location from
					 which an individual conducts agency business while such business is being
					 conducted.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:1001 et
					 seq.