Current through Register Vol. 50, No. 9, September 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 this department. 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.
Additionally, applicants for safety-sensitive positions listed in
§121 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 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 Subparagraph 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, a
departmental representative shall transport the individual being tested to and
from the testing site. Under no circumstance 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 §121 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 §121 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, a
departmental representative shall transport the individual being tested to and
from the testing site. Under no circumstance 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.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
49:1015 et
seq.
