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-2109 - Drug Testing Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. Drug
				  testing pursuant to this policy shall be for the presence of marijuana,
				  opiates, cocaine, amphetamine/methamphetamine and phencyclidine (PCP) in
				  accordance with
				  R.S.
				  49:1001 et seq. Testing shall be performed by
				  a contractor chosen by the Office of State Purchasing, Division of
				  Administration. At a minimum, the testing procedure shall assure:
1. that all specimens for drug testing are
				  collected, stored, transported and tested in compliance with United States
				  Department of Health and Human Services (DHHS) guidelines (and applicable
				  federal and state regulations) to ensure integrity of the testing
				  process;
2. urine specimens will be
				  collected with emphasis upon the privacy rights of the employee. Direct
				  observation of the employee during collection of the urine specimen will be
				  allowed only under the following conditions:
a. when there is specific, articulable reason
				  to believe that the individual may alter or substitute the specimen;
b. when the individual has provided a urine
				  specimen which falls outside the acceptable temperature range;
c. when the last urine specimen provided by
				  the individual was verified by the medical review officer as adulterated;
				  or
d. when collection site
				  personnel observe conduct or behavior indicating an attempt to
				  substitute/adulterate the sample or otherwise alter the integrity of the
				  collection process;
NOTE: In all instances in which direct observation is
					 deemed appropriate, the designated LRC representative shall review and concur,
					 in advance, with any decision by collection site personnel to obtain a specimen
					 under direct observation. This representative shall maintain, in a confidential
					 record, the full name of the reporting collection site personnel and the
					 specific facts relied upon to approve the direct observation. The record shall
					 be signed by the LRC representative. All direct observations shall be conducted
					 by same gender collection site personnel.
3. the split sample collection methodology
				  must be used in accordance with
				  R.S.
				  49:1006.D, with both the primary and split
				  specimens properly stored and transported to the testing laboratory. The
				  primary urine sample will be analyzed for the presence of marijuana, opiates,
				  amphetamines/methamphetamine, cocaine and phencyclidine (PCP);
4. appropriate chain of custody forms shall
				  be utilized to ensure the integrity of each urine specimen by tracking its
				  handling, storage and transportation from point of collection to final
				  disposition;
5. testing shall be
				  performed by laboratories certified for forensic urine drug testing by the U.S.
				  Department of Health and Human Services and in strict compliance with DHHS
				  Guidelines;
6. the dual testing
				  procedure shall be used for all samples. Each primary sample that tests
				  positive for a prohibited substance shall be subject to an additional, more
				  precise confirmatory test (gas chromatography/mass spectrometry);
7. all positive test results (those which
				  exceed federally established cut-off levels as set forth in 49 CFR 40, Section
				  40.29), shall first be reported by
				  the testing laboratory to the LRC's qualified medical review officer (MRO). The
				  MRO is a licensed physician knowledgeable of substance abuse who has received
				  specialized training in interpreting and evaluating test results in conjunction
				  with an individual's medical history and other relevant biomedical information.
				  The MRO will review the collection procedure, chain of custody and testing
				  methodology before contacting the employee/appointee/applicant to rule out the
				  possibility of error or that medications, medical history or any other
				  condition caused the positive test result;
8. if the test is confirmed to be positive by
				  the MRO, the employee may, within 72 hours of notification from the MRO,
				  request, in writing, directly to the MRO, that the split specimen (initially
				  collected but separated and stored during the collection process) be tested in
				  a different DHHS certified laboratory. This split sample testing shall be
				  allowed if timely requested and performed at the employee's expense;
9. once a positive test is confirmed and
				  reported to the LRC by the MRO, an employee in a safety-sensitive position will
				  be prohibited from performing safety-sensitive functions. A request for testing
				  of the split sample will not delay any such employee's removal from performing
				  safety-sensitive functions; and
10.
				  if testing of the split specimen results in a negative result, the MRO will
				  cancel the positive result of the initial test. All doubts shall be resolved in
				  favor of the employee.