Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 21 - Racing Commission › Subchapter A - Substance Abuse and Drug-Free Workplace Program › Section VII-2107 - 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 the LRC. 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/appointment. Additionally, applicants for
				  safety-sensitive positions listed in
				  §2121 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 a 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
				  §2107.
				  A.2.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, an
					 LRC representative shall transport the individual being tested to and from the
					 testing site. Under no circumstances 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
				  §2121 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 §2121 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, an LRC
					 representative shall transport the individual being tested to and from the
					 testing site. Under no circumstances 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.