Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part V - Office of the Secretary › Chapter 1 - Substance Abuse and Drug-Free Workplace Program › Section V-107 - Drug/Alcohol Testing

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				employees may be required to submit to drug and/or alcohol testing as a
				condition of employment, as a condition of continued employment, or as a
				condition of promotion, demotion, reassignment or detail to a safety-sensitive
				position. Whether announced or unannounced, tests will be administered under
				the following circumstances.
1.
				Pre-Employment. Drug tests are required of all prospective employees and
				appointees of this department. Each prospective employee/appointee shall be
				required to submit to drug screening at the designated time and place following
				a job offer. Pursuant to
				R.S. 49:1008,
				a prospective employee/appointee testing positive for the presence of a
				prohibited substance shall be eliminated from consideration for employment.
				Additionally, applicants for safety-sensitive positions listed in
				§121 shall be required to submit to alcohol
				testing. Applicants who test positive for the presence of alcohol shall be
				eliminated from consideration for employment.
2. Post-Accident/Incident. An employee may be
				subject to drug testing following an on-duty accident where there is reasonable
				suspicion that the employee was under the influence of drugs or alcohol.
Reasonable suspicion
is a belief, based upon reliable,
				objective and articulable facts derived from direct observation of specific
				physical and behavioral characteristics (behavior, speech, appearance, odor),
				which causes a prudent person to suspect that an employee has engaged in drug
				or alcohol use. Only an appointing authority shall require an employee to
				submit to post-accident/incident testing. Generally, this decision will be
				based upon the recommendation of supervisory personnel at the scene who have
				objectively and thoroughly reviewed the circumstances of the accident/incident.
				The supervisor will fully document the facts upon which the recommendation for
				testing is made. Any employee directly involved in an on-duty accident shall be
				required to submit to drug and alcohol testing if:
a. the accident involves circumstances giving
				rise to a reasonable suspicion that the accident may have involved the
				employee's drug or alcohol use and the employee's action or inaction may have
				been a causative factor;
b. the
				accident meets the criteria of Subparagraph a and results in or causes the
				release of hazardous waste as defined by
				R.S.
				30:2173(2) or hazardous
				materials as defined by
				R.S.
				32:1502(5); or
c. the accident results in a fatality or
				serious bodily injury.
Note: When post-accident/incident testing is ordered, a
				  departmental representative shall transport the individual being tested to and
				  from the testing site. Under no circumstance should any employee who is
				  reasonably believed to be impaired or under the influence of any drug or
				  alcohol be permitted to operate a motor vehicle.
3. Random. Random alcohol and drug testing is
				required of all employees holding safety-sensitive positions as listed in §121 Such testing shall be periodic and unannounced, and employee selection therefor
				shall be by a computer-generated random selection process. All such testing
				shall, unless impracticable, occur during the employee's normal work
				hours.
4.
				Promotion/Reassignment/etc., to Safety-Sensitive Position. Current employees
				are required to undergo drug and alcohol testing prior to being reassigned,
				temporarily detailed, promoted or demoted to a safety-sensitive position as
				defined in §121 An offer of promotion, reassignment, detail or demotion will
				be withdrawn if a positive drug or alcohol test result is reported, and
				employees are further subject to disciplinary action as specified in these
				rules.
5. Reasonable Suspicion. An
				employee shall be required to submit to drug and alcohol testing when he/she
				exhibits behavior or appearance that is characteristic of drug or alcohol use.
				The decision to test will be by an appointing authority based upon reliable,
				objective and articulable facts derived from direct observation of the
				employee's physical appearance, behavior, speech, body odor or physical
				manifestations. The observation must be made by supervisory personnel (two, if
				possible) who shall record, in writing, the observations leading to the
				recommendation for testing.
Note: When reasonable suspicion testing is ordered, a
				  departmental representative shall transport the individual being tested to and
				  from the testing site. Under no circumstance should any employee who is
				  reasonably believed to be impaired or under the influence of any drug or
				  alcohol be permitted to operate a motor vehicle.
6. Return-to-Duty/Rehabilitation Monitoring.
				Any employee who retains his/her job following a violation of these rules shall
				be required, at his/her own expense, to undergo and complete any and all
				treatment recommended by a certified substance abuse professional. Any such
				employee shall be subject to periodic drug/alcohol testing. Further, any
				employee who voluntarily or, as a condition of continued employment,
				participates in an alcohol/substance abuse rehabilitation program, shall be
				subject to random drug/alcohol testing for a minimum of one year or longer as
				determined by the treating substance abuse professional. Any such employee
				shall be required to certify, in writing, his/her understanding and acceptance
				of such a rehabilitation agreement as a condition of returning to
				work.