Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XXI - Personnel › Chapter 1 - Substance Abuse and Drug-Free Workplace Policy › Section XXI-105 - Drug/Alcohol Testing

Current through Register Vol. 50, No. 6, June 20, 2024
A. Applicants
				and employees may be required to submit to drug and alcohol tests as a
				condition of employment, as a condition of continued employment, or as a
				condition of promotion or reassignment to a safety-sensitive position. Whether
				announced or unannounced, tests will be administered under the following
				circumstances.
1. Pre-Employment Testing.
				Drug tests are required of all applicants, to include students, restricted and
				unclassified appointments, as a condition of employment or re-employment with
				DOTD. Current employees are required to undergo drug testing prior to being
				reassigned, temporarily detailed, reallocated, promoted, or demoted to a
				safety-sensitive position. An offer of employment or promotion, reassignment,
				detail, reallocation, or demotion will be withdrawn if a positive drug test
				result is reported, and employees are further subject to disciplinary action as
				specified in §113, Enforcement.
2. Post-Accident/Incident Testing
a. Any employee who is directly involved in a
				potentially serious accident or incident in which the employee's action or
				inaction may have been a causative factor is subject to drug/alcohol tests.
				Only an appointing authority may require an employee to submit to such tests.
				Trained supervisors and safety officers may, however, recommend to the
				appointing authority that drug/alcohol tests be conducted, based on their
				knowledge of the circumstances resulting in the accident/incident. The
				appointing authority, using the information available at the time, makes the
				decision as to whether tests will be required.
b. When certain conditions are present,
				however, certain federal agencies require that drug/alcohol tests be conducted.
				(Any post-accident/incident tests conducted that do not meet the below-listed
				criteria are being conducted under the department's authority, and the
				appropriate chain-of-custody and breath alcohol testing forms must be used.)
				Appointing authorities are therefore required to arrange for
				post-accident/incident tests as follows.
i.
				The Federal Highway Administration (governing drivers with commercial driver's
				licenses) requires that the operator of a commercial motor vehicle which
				requires a commercial driver's license be drug/alcohol tested when as follows:
(a). a fatality occurs, whether or not the
				driver caused the accident; or
(b).
				when the driver is cited for a moving traffic violation arising out of the
				accident. (Accident is further defined as an incident involving a commercial
				motor vehicle in which there is either a fatality, injury treated away from the
				scene, or a vehicle is required to be towed from the scene.)
ii. The United States Coast Guard
				(governing marine vessels) requires that drug/alcohol tests be conducted when
				there is as follows:
(a). one or more
				deaths;
(b). an injury to any
				person (including passengers) which requires medical treatment beyond first
				aid, and in the case of an employee, which renders the employee unable to
				perform routine job duties;
(c).
				damage to property in excess of $100,000, or actual or constructive total loss
				of either an inspected vessel or any vessel of 100 gross tons or
				more;
(d). a discharge of any
				reportable quantity of a hazardous substance into navigable waters, whether or
				not resulting from a marine casualty.
iii. The Federal Transit Administration
				(governing public transportation provided by the Crescent City Connection, a
				division of the department) requires that drug/alcohol tests be conducted when,
				as a result of an occurrence associated with the operation of a transit vehicle
				(vessel), there is as follows:
(a). a
				fatality. Employees to be tested include the following:
(i). each surviving employee on duty on the
				vessel at the time of accident;
(ii). any other covered employee (i.e.,
				mechanic) whose performance could have contributed to the accident;
(b). bodily injury or property
				damage. Employees to be tested include:
(i).
				each covered employee on duty on the vessel unless it is determined by the
				department that their performance may be completely discounted as a
				contributing factor;
(ii). any
				other covered employee (i.e., mechanic) whose performance could have
				contributed to the accident.
3. Random Testing. Random alcohol
				and drug testing is required of employees who hold safety-sensitive positions,
				as listed in
				§119 and §121 Random tests are
				unannounced and spread throughout the calendar year.
4. Testing Based upon Reasonable Suspicion.
				Drug and alcohol testing will be conducted when a trained supervisor or a
				trained safety officer observes behavior or appearance that is characteristic
				of drug use or alcohol misuse. The decision to test must be based on specific
				observations concerning the employee's appearance, behavior, speech, or body
				odor. (The possession of alcohol, although a violation of this policy, does not
				constitute a need for reasonable suspicion testing.) A written record must be
				made of the observations leading to either a drug or alcohol test, and signed
				by the observing supervisor and, when practicable, by two supervisors. Prior to
				subjecting any employee to reasonable suspicion testing, however, the
				supervisor(s) must obtain verbal approval from the appropriate appointing
				authority. Affected supervisors and safety personnel are trained to recognize
				signs and symptoms of drug use and alcohol misuse, and a written record of the
				training is made and retained for documentation.
5. Return-to-Duty. Following a violation of
				this policy's provisions, and in the event the employee retains his/her job,
				the employee is required (at his/her own expense) to undergo and complete any
				treatment prescribed by a substance abuse professional (as defined by federal
				law), and is additionally subject to drug and/or alcohol testing prior to
				returning to duty. The employee will also be required to certify in writing
				his/her understanding and acceptance of a rehabilitative (or return-to-work)
				agreement.
6. Follow-Up. Employees
				who voluntarily, or as a condition of continued employment, participate in an
				alcohol/substance abuse rehabilitation program are subject to unannounced drug
				and/or alcohol tests for a minimum of one year but not more than five years, as
				determined by the treating substance abuse professional. As a condition of
				continued employment, employees are required to certify in writing their
				understanding and acceptance of these testing and rehabilitation
				requirements.