Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part XI - Management and Finance › Chapter 3 - Drug Testing Policy › Section XI-305 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
Controlled Substances
-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, and any other person having an employment
				  relationship with this agency, regardless of the appointment type (e.g.,
				  full-time, part-time, temporary, restricted, detail, job appointment,
				  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.
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
				  Position
-a position determined to contain duties of such nature that
				  the compelling State interest to keep the incumbent drug-free outweighs the
				  employee's privacy interests. At varying degrees, all Public Safety Services
				  employees, regardless of rank or classification, have access to records that
				  directly or indirectly affect the safety and security of residents of the state
				  of Louisiana (i.e., Criminal Records, Drivers License Records, etc.). For this
				  reason, all positions of Public Safety Services are considered to be
				  "safety-sensitive" or "security-sensitive".
Under the Influence
(for the purposes of
				  this policy)-a drug, chemical substance, or the combination of a drug and/or
				  chemical substance that affects an employee in any detectable manner. The
				  symptoms of 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, and facilities (including all 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.