Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 1 - General › Chapter 39 - Controlled Dangerous Substances › Subchapter A - Training and Monitoring Requirements › Section I-3995 - Policy Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A. General
					 Provisions. It shall be the policy of DHH to maintain a drug-free workplace and
					 a workforce free of substance abuse. Employees are prohibited from reporting
					 for work or performing work for DHH with the presence in their bodies of
					 illegal drugs, controlled substances, or designer (synthetic) drugs at or above
					 the initial testing levels and confirmatory testing levels as established in
					 the contract between the State of Louisiana and the official provider of drug
					 testing services. Employees are further prohibited from the illegal use,
					 possession, dispensation, distribution, manufacture, or sale of controlled
					 substances, designer (synthetic) drugs, and illegal drugs at the work site and
					 while on official state business, on duty or on call for duty.
B. Conditions Requiring Drug Tests
1. DHH shall require drug testing under the
					 following conditions. The Human Resource Director shall be involved in any
					 determination that one of the above-named conditions requiring drug-testing
					 exists.
a. Reasonable Suspicion. Any employee
					 shall be required to submit to a drug test if there is reasonable suspicion (as
					 defined in this policy) that the employee is using drugs.
b. Post-accident. Each employee involved in
					 an accident that occurs during the course and scope of employment shall be
					 required to submit to a drug test if the accident:
i. involves circumstances leading to a
					 reasonable suspicion of the employee's drug use;
ii. results in a fatality; or
iii. results in or causes the release of
					 hazardous waste as defined in
					 R.S.
					 30:2173(2) or hazardous
					 materials as defined in
					 R.S.
					 32:1502(5).
c. Rehabilitation Monitoring. Any
					 employee who is participating in a substance abuse after-treatment program or
					 who has a rehabilitation agreement with the agency following an incident
					 involving substance abuse shall be required to submit to random drug
					 testing.
d. Pre-employment. Each
					 prospective employee shall be required to submit to drug screening at the time
					 and place designated by the DHH Security Coordinator, (the person within DHH
					 responsible for administering the drug testing program) following a job offer
					 contingent upon a negative drug-testing result. Pursuant to
					 R.S. 49:1008,
					 a prospective employee who tests positive for the presence of drugs in the
					 initial screening shall be eliminated from consideration for
					 employment.
e. Safety-Sensitive and
					 Security-Sensitive Positions-Appointments and Promotions. Each employee who is
					 offered a safety-sensitive or security-sensitive position (as defined in this
					 policy) shall be required to pass a drug test before being placed in such
					 position, whether through appointment or promotion.
f. Safety-Sensitive and Security-Sensitive
					 Positions-Random Testing. Every employee in a safety-sensitive or
					 security-sensitive position shall be required to submit to drug testing as
					 required by the Appointing Authority, who shall periodically call for a sample
					 of such employees, selected at random by a computer-generated random selection
					 process, and require them to report for testing. All such testing shall, if
					 practicable, occur during the selected employee's work schedule.